OAR Chapter 125 — Department of Administrative Services

Division 1 PROCEDURAL RULES

Or. Admin. R. 125-001-0000 Notice of Proposed Rule

Prior to adoption, amendment or repeal of any rule, the Department of Administrative Services shall give notice of the intended action by:

(1) Publishing in the Secretary of State's Bulletin, referred to in ORS 183.360, at least 21 days prior to the effective date of the intended action.

(2) Mailing a copy of the notice to certain legislators at least 49 days before the effective date of the rule. ORS 183.335(1)(d).

(3)(a) Mailing a copy of the notice to persons or organizations on the Department's mailing list, established pursuant to ORS 183.335(8), at least 28 days prior to the effective date of the intended action.

(b) An interested person or organization may request to be placed on the Department's mailing list by submitting its request in writing to the Department of Administrative Services, Agency Rules Coordinator, 155 Cottage Street NE, Salem, OR 97301 or by telephoning 971-720-0824.

(4) Mailing or furnishing a copy of the notice to:

(a) The Associated Press;

(b) State Agency Administrators; and

History

Statutory/Other Authority: ORS 183
Statutes/Other Implemented: ORS 183
DAS 2-2022, minor correction filed 04/26/2022, effective 04/26/2022
DAS 6-2003, f. & cert. ef. 10-24-03
DASII 5-1996, f. 12-31-96, cert. ef. 1-1-97
GS 6-1986, f. 9-3-86, ef. 10-1-86
GS 2-1982, f. 1-29-82, ef. 2-1-82
GS 1-1980, f. & ef. 1-11-80
GS 2-1978, f. & ef. 4-25-78

Or. Admin. R. 125-001-0005 Uniform and Model Rules of Procedure

The Department of Administration Services adopts the Attorney General’s Model Rules of Procedure under the Administrative Procedures Act, as amended and effective January 1, 2024.

[ED. NOTE: The full text of the Attorney General’s Model Rules of Procedure is available from the office of the Attorney General or the agency.]

History

Statutory/Other Authority: ORS 183.341
Statutes/Other Implemented: ORS 183.341
DAS 2-2025, minor correction filed 10/16/2025, effective 10/16/2025
DAS 6-2003, f. & cert. ef. 10-24-03
DASII 5-1996, f. 12-31-96, cert. ef. 1-1-97
GS 6-1986, f. 9-3-86, ef 10-1-86
GS 2-1982, f. 1-29-82, ef. 2-1-82
GS 8-1981, f. & ef. 12-4-81
GS 1-1980, f. & ef. 11-11-80
GS 2-1978, f. & ef. 4-25-78

Division 7 CRIMINAL RECORDS CHECK AND FITNESS DETERMINATION RULES

Or. Admin. R. 125-007-0200 Statement of Purpose

The purpose of these rules is to provide uniform administrative rules to streamline criminal records check processes state-wide, unless otherwise provided by law.

History

Statutory/Other Authority: ORS 181A.170, 181A.195, 181A.215, 184.340 & 184.365
Statutes/Other Implemented: ORS 181A.170, 181A.195 & 181A.215
DAS 5-2015, f. 12-29-15, cert. ef. 1-4-16
DAS 9-2006, f. & cert. ef. 12-28-06
DAS 6-2006(Temp), f. & cert. ef. 9-12-06 thru 2-11-07

Or. Admin. R. 125-007-0210 Definitions

(1) “Authorized Agency” as defined in ORS 181A.215 or described in these rules.

(2) "Conviction" means that a court of law has entered a final judgment on a verdict or finding of guilty, a plea of guilty, a plea of nolo contendere (no contest) or any determination of guilt entered by a court of law against a subject individual (SI) in a criminal case, unless that judgment has been reversed or set aside by a subsequent court decision.

(3) “Credentials” means activities defined in ORS 181A.215(4)(f).

(4) "Criminal Offender Information" means records, including fingerprints and photographs, received, compiled and disseminated by the Oregon Department of State Police (OSP), or by other states, for purposes of identifying criminal offenders and alleged offenders, and maintained as part of an individual’s records of arrests, the nature and disposition of criminal charges, sentencing, confinement, but does not include the retention by OSP or records of transfer of inmates between penal institutions or other correctional facilities, and release. It also includes the OSP Computerized Criminal History System (see OAR 257-010-0015).

(5) "Criminal Records Check" means obtaining and reviewing criminal records as required or permitted by these rules and includes any or all of the following;

(a) A check of criminal offender information and driving records conducted through use of the Law Enforcement Data System (LEDS) maintained by OSP, in accordance with the rules adopted and procedures established by OSP;

(b) A check of Oregon or other state criminal offender information, including through fingerprint identification or other means, conducted by OSP at the authorized agency or district’s request; or

(c) A nationwide check of federal criminal offender information, including through fingerprint identification, conducted by OSP through the Federal Bureau of Investigation (FBI).

(6) “Districts” as defined in ORS 267.237.

(7) "Final Fitness Determination" means a determination made by an authorized agency or district pursuant to the process established in OAR 125-007-0260, that the SI is or is not fit to hold a position, paid or not paid, obtain or retain credentials, have direct access, or otherwise provide services as defined in this rule.

(8) “Provides Services” means any provision of what is necessary for the health, welfare, maintenance or protection of an individual.

(9) “Qualified Entity” as defined in an authorized agency’s enabling statute.

(10) "Subject Individual" or “SI” means an individual from whom the authorized agency, districts and qualified entities may conduct a criminal records check pursuant to ORS 181A.190, 181A.195, 181A.200, 181A.215, 267.237 and any required enabling legislation or executive order. SI may include, but is not limited to the following;

(a) Any individual applying for credentials,

(b) Any individual with direct access to a vulnerable population,

(d) An individual subject under ORS 181A.190(1)(c), 181A.195(1)(b), 181A.200(2), 267.237(1)(c) and any required enabling legislation or executive order.

(11) “Vulnerable Population” means any of the following categories;

(a) A child, an unmarried person who is under eighteen (18) years of age.

(b) The elderly, a person sixty-five (65) years of age or older.

(c) Persons with disabilities, a person with a physical or mental impairment that substantially limited one or more major life activities,

(d) Persons with mental illness, a person with a condition that impacts their thinking, mood or behavior affecting his or her ability to relate to others and function on a daily basis.

History

Statutory/Other Authority: ORS 181A.170, 181A.195, 181A.215, 184.340 & 184.365
Statutes/Other Implemented: ORS 181A.170, 181A.195 & 181A.215
DAS 5-2015, f. 12-29-15, cert. ef. 1-4-16
DAS 9-2006, f. & cert. ef. 12-28-06
DAS 6-2006(Temp), f. & cert. ef. 9-12-06 thru 2-11-07

Or. Admin. R. 125-007-0220 Information Required

(1) An SI may be required to provide identification and information to have a criminal records check completed including, but not limited to;

(a) Legal name and aliases;

(b) Date of birth;

(d) Driver license or identification card information;

(e) Type of work or service being performed;

(f) Disclosure of criminal history; all arrests, charges, convictions and offenses.

(g) Social Security number, optional only, used solely for the purpose of positively identifying the SI during the criminal records check process.

(2) Identification shall be determined by using methods which include but are not limited to;

(a) Asking the SI for current and valid government-issued photo identification;

(b) Confirming the information on the photo identification with the SI;

(3) The authorized agency, district or qualified entity shall not request a fingerprint card from an SI under the age of eighteen (18) years unless the SI is emancipated pursuant to ORS 419B.550 et seq, or unless the authorized agency, district or qualified entity also requests the written consent of a parent or guardian. In such case, such parent or guardian and youth must be informed that they are not required to consent. Notwithstanding, failure to consent may be construed as a refusal to consent under OAR 125-007-0260.

(4) The authorized agency, district or qualified entity may require additional information from the SI as necessary to complete the criminal records check and fitness determination, such as, but not limited to, proof of identity; or additional criminal, judicial, or other background information.

History

Statutory/Other Authority: ORS 181A.170, 181A.195, 181A.215, 184.340 & 184.365
Statutes/Other Implemented: ORS 181A.170, 181A.195 & 181A.215
DAS 5-2015, f. 12-29-15, cert. ef. 1-4-16
DAS 9-2006, f. & cert. ef. 12-28-06
DAS 6-2006(Temp), f. & cert. ef. 9-12-06 thru 2-11-07

Or. Admin. R. 125-007-0250 Hiring or Appointing on a Preliminary Basis

(1) An authorized agency or district may conduct a preliminary fitness determination if the agency, district or qualified entity is hiring or appointing an SI on a preliminary basis, pending a final fitness determination.

(2) The authorized agency or district shall make a preliminary fitness determination about an SI based on information disclosed by the SI and a LEDS criminal records check pursuant to each authorized agency, district or qualified entity’s governing statutes.

(3) An SI hired or appointed on a preliminary basis under this rule may participate in training, orientation, or work activities as assigned by the authorized agency, district or qualified entity.

History

Statutory/Other Authority: ORS 181A.170, 181A.195, 181A.215, 184.340 & 184.365
Statutes/Other Implemented: ORS 181A.170, 181A.195 & 181A.215
DAS 5-2015, f. 12-29-15, cert. ef. 1-4-16
DAS 9-2006, f. & cert. ef. 12-28-06
DAS 6-2006(Temp), f. & cert. ef. 9-12-06 thru 2-11-07

Or. Admin. R. 125-007-0260 Final Fitness Determination

(1) Unless otherwise provided by law, the authorized agency or district shall consider factors pursuant to ORS 181A.195(10)(c) in relation to information provided by the SI, including any criminal offender information, as defined in OAR 125-007-0210, obtained through a criminal records check and other information known by the agency or district.

(2) Upon completion of the fitness determination, one of the following outcomes shall be made and written notification shall be provided to the SI indicating the outcome when appeal rights are afforded or when a fitness determination is not completed;

(a) Approval.

(A) The SI is approved to work, obtain or retain credentials, have direct access, or otherwise provide services to individuals defined in OAR 125-007-0210.

(B) An approved outcome does not guarantee employment, obtaining or retaining credentials, or the ability to have direct access, or otherwise provide services, to individuals defined in OAR 125-007-0210.

(b) Restricted or Conditional Approval.

(A) The authorized agency or district may restrict the approval to specific activities, clients or locations.

(B) The authorized agency or district may complete a new criminal records check and fitness determination on the SI prior to removing a restriction.

(A) The authorized agency or district denies an SI if the agency determines, through a fitness determination, that the SI is not fit to work, obtain or retain credentials, have direct access, or otherwise provide services to individuals defined in OAR 125-007-0210.

(B) If an SI is denied, then the SI shall not work, receive or retain credentials, have direct access, or otherwise provide services to individuals described in OAR 125-007-0210.

(d) Incomplete Fitness Determination.

(A) The SI discontinues the criminal records process for any reason or refuses to be fingerprinted or respond to written correspondence from the agency or district.

(B) The SI is determined to be ineligible for reasons other than a criminal records check.

(C) The SI is determined to be ineligible pursuant to an authorized agency’s enabling statute, or otherwise provided by law.

(D) The SI shall not be allowed to work, receive credentials, have direct access, or otherwise provide services to individuals described in OAR 125-007-0210.

(E) Appeal rights, if any, are dependent on the authorized agency’s or district’s obligations to provide such rights when a final fitness determination was not completed.

History

Statutory/Other Authority: ORS 181A.170, 181A.195, 181A.215, 184.340 & 184.365
Statutes/Other Implemented: ORS 181A.170, 181A.195 & 181A.215
DAS 1-2018, minor correction filed 04/11/2018, effective 04/11/2018
DAS 5-2015, f. 12-29-15, cert. ef. 1-4-16
DAS 9-2006, f. & cert. ef. 12-28-66
DAS 6-2006(Temp), f. & cert. ef. 9-12-06 thru 2-11-07

Or. Admin. R. 125-007-0270 Crimes Considered

(1) A conviction of any of the following crimes or offenses is potentially disqualifying, unless otherwise provided by law.

(a) All felonies.

(b) All misdemeanors.

(2) The authorized agency or district shall evaluate a crime or offense on the basis of the law of the jurisdiction in which the crime or offense occurred.

(3) The following are examples of crimes likely to result in denial unless there are significant mitigating circumstances;

(a) ORS 163.095, Aggravated murder;

(b) ORS 163.115, Murder;

(d) ORS 163.405, Sodomy I;

(e) ORS 163.411, Unlawful sexual penetration I;

(f) ORS 163.427, Sexual abuse I

(4) Under no circumstances shall an SI be denied under these rules because of a juvenile record that has been expunged or set aside pursuant to ORS 419A.260 to 419A.262.

(5) Under no circumstances shall an SI be denied under these rules due to the existence or contents of an adult record that has been set aside pursuant to ORS 137.225.

(6) Examples of other criminal offender information that may be potentially disqualifying may include;

(a) Sex offender registration,

(b) Conditions of parole, probation, or diversion program, or

History

Statutory/Other Authority: ORS 181A.170, 181A.195, 181A.215, 184.340 & 184.365
Statutes/Other Implemented: ORS 181A.170, 181A.195 & 181A.215
DAS 5-2015, f. 12-29-15, cert. ef. 1-4-16
DAS 9-2006, f. & cert. ef. 12-28-06
DAS 6-2006(Temp), f. & cert. ef. 9-12-06 thru 2-11-07

Or. Admin. R. 125-007-0300 Appealing a Fitness Determination

(1) An SI may contest a final fitness determination outcome of a denied or restricted approval.

(2) Process for authorized agencies using Office of Administrative Hearings (OAH): To request a contested case hearing, the SI or the SI’s legal representative shall submit a written request for a contested case hearing to the address specified in the notice provided under OAR 125-007-0260, within the time required by law or a reasonable time period.

(3) Confidentiality. The Department or the administrative law judge may protect information made confidential by ORS 181A.195(11) or other applicable law as provided in OAR 137-003-0570(7) or (8).

(4) No Public Attendance. Unless otherwise provided by law, contested case hearings on fitness determinations are closed to non-participants.

(5) Authorized agencies and districts that are not obligated by law to use the OAH must adopt procedural rules providing for SIs to contest fitness determinations or may elect to use the process outlined in this rule.

(6) Alternative Process. An SI currently employed by the authorized agency district or qualified entity may choose to appeal a fitness determination either under the process made available by this rule or through the process made available by applicable personnel rules, policies and collective bargaining provisions. An SI’s decision to appeal a fitness determination through applicable personnel rules, policies, and collective bargaining provisions is an election of remedies as to the rights of the individual with respect to the fitness determination and is a waiver of the contested case process made available by this rule.

(7) Challenging Criminal Offender Information. An SI may not use the appeals process established by this rule to challenge the accuracy or completeness of information provided by OSP, the FBI, or agencies reporting information to OSP or the FBI. To challenge information, an SI may use any process made available by the providing agency.

(8) Remedy. When the fitness determination is performed as part of an authorized agency’s hiring process or employment decision, the only remedy that may be awarded is a determination the SI is fit or not fit. Under no circumstances shall the authorized agency be required to place an SI in any position, nor shall the agency be required to accept services or enter into a contractual agreement with an SI.

(9) No delay in hiring. Appealing a final fitness determination, challenging criminal offender information with the agency that provided the information, or requesting a new criminal records check may not delay or postpone the authorized agency’s hiring process or employment decisions.

History

Statutory/Other Authority: ORS 181A.170, 181A.195, 181A.215, 184.340 & 184.365
Statutes/Other Implemented: ORS 181A.170, 181A.195 & 181A.215
DAS 5-2015, f. 12-29-15, cert. ef. 1-4-16
DAS 9-2006, f. & cert. ef. 12-28-06
DAS 6-2006(Temp), f. & cert. ef. 9-12-06 thru 2-11-07

Or. Admin. R. 125-007-0310 Recordkeeping and Confidentiality

(1) Criminal offender information obtained in the criminal records check is confidential. The authorized agency, district or qualified entity must restrict the dissemination of information obtained in the criminal records check. Only those persons, as identified by the authorized agency, with a demonstrated and legitimate need to know the information, may have access to criminal records check records.

(2) Sharing information. Final fitness determination results may be shared pursuant to ORS 181A.195(10)(c)(A).

History

Statutory/Other Authority: ORS 181A.170, 181A.195, 181A.215, 184.340 & 184.365
Statutes/Other Implemented: ORS 181A.170, 181A.195 & 181A.215
DAS 5-2015, f. 12-29-15, cert. ef. 1-4-16
DAS 9-2006, f. & cert. ef. 12-28-06
DAS 6-2006(Temp), f. & cert. ef. 9-12-06 thru 2-11-07

Or. Admin. R. 125-007-0330 Fees

Authorized agencies or districts shall develop policies or administrative rules, based on statutory authority, to charge fees for criminal records checks.

History

Statutory/Other Authority: ORS 181A.170, 181A.195, 181A.215, 184.340 & 184.365
Statutes/Other Implemented: ORS 181A.170, 181A.195 & 181A.215
DAS 5-2015, f. 12-29-15, cert. ef. 1-4-16
DAS 9-2006, f. & cert. ef. 12-28-06
DAS 6-2006(Temp), f. & cert. ef. 9-12-06 thru 2-11-07

Division 10 PUBLIC CONTRACT REVIEW SERVICES AND FEES

Or. Admin. R. 125-010-0005 Contract Review Board Services to Local Public Agencies

(1) The Department of Administrative Services, hereafter referred to as “Department,” is authorized by ORS 190.240, 279.055 and Chapter 690 Oregon Laws 1983 to contract with Oregon public agencies to function as their contract review board. In this capacity, the Department will be responsible for adopting and administering rules governing public contracting, considering requests for exemptions from public contracting requirements, and hearing appeals from disqualification decisions of the local public agency, pursuant to ORS 279.043 and 279.045.

(2) A local public agency should direct its formal written request for services from its governing body to: Director, Department of Administrative Services, c/o Administrator, Transportation, Purchasing and Print Services Division, 1225 Ferry Street S.E., Salem, Oregon 97310.

(3) Upon receipt of such written request, the Department shall forward for signature to the local public agency an intergovernmental agreement on a form prescribed by the Department. No services shall be provided by the Department without a signed intergovernmental agreement.

(4) The provision of contract review board functions by the Department shall be subject to the total of the following charges for service:

(a) Annual Maintenance Charge — $300 includes responding to telephone inquiries and explaining Department rules, providing copies of current administrative rules and other required forms;

(b) Individual exemption requests will be charged according to the following: The hourly rate charged to the local public agency for the Attorney General’s services will be the same hourly rate charged to the Department by the Attorney General. In addition, the hourly rate charged to the local public agency by the Department for review of exemption requests will be 90% of the standard hourly rate charged by the Attorney General; and

(c) Legal expenses incurred for any investigations, appeal hearings or suits will be charged based on actual costs. Legal fees may be subject to award to the prevailing party.

History

Statutory/Other Authority: ORS 279.015 & 279.055
TPPSD 2-1994, f. 12-22-94, cert. ef. 1-1-95
GS 10-1991, f. & cert. ef. 7-5-91
GS 7-1983, f. & ef. 11-3-83

Division 15 PAYROLL ADMINISTRATION

Or. Admin. R. 125-015-0200 Electronic Deposit and Electronic Itemized Statements of Net Salary and Wages

(1) Effective November 29, 2013 Electronic payment of net salary and wages and electronic statements of payroll deductions is the standard for all officers and employees of the state.

(2) All officers and employees paid under the state payroll system shall receive payment of net salary and wages one of three ways:

(a) through electronic payment by direct deposit via Automated Clearing House (ACH) to a checking and/or savings account(s) that is located in a financial institution in the United States; or

(b) through electronic payment by direct deposit via ACH to a reloadable state offered prepaid card; or a reloadable prepaid card provided by the officer or employee: or

(3) Officers and employees receiving payment of net salary and wages through electronic payment shall receive electronically each month’s itemized statement of payroll deductions from the Oregon Statewide Payroll Application.

(4) Officers and employees receiving payment of net salary and wages through paper check shall receive by paper each month’s itemized statements of payroll deductions from the Oregon Statewide Payroll Application.

(5) An officer or employee may receive payment of net salary and wages by paper check and a paper itemized statement of payroll deductions. To do so the officer or employee shall contact the agency in writing noting the desire to be exempt from electronic payment of wages and electronic itemized statements.

(6) Exceptions to electronic payment and electronic itemized statement may be deemed necessary when the agency employing an officer or employee determines that electronic payment of net salary and wages is:

(a) Not practicable or efficient. The criteria agencies may use in deciding whether electronic payment is practicable or efficient include, but are not limited to:

(A) An officer or employee is newly hired and the routing and transfer information is in the process of being verified;

(B) An officer or employee is changing banks, causing the need for an alternate payment method because of the verification process for routing and transfer information;

(D) An officer or employee has on-going leave without pay status, which could result in overpayments if electronic payment is used;

(E) An officer or employee is receiving the final payment of wages due to separation from State employment; and

(F) An officer or employee has not established an account with a bank or financial institution or has not completed the authorization for electronic payment of net salary and wages as described in (2)(a) or (b) above.

(b) Where an officer or employee is mandated by a judicial action to receive payment of net salary and wages by a non-electronic method;

(c) Or, where an agency determines that an alternate method of payment is needed because of security concerns arising from protected-class employment or other sensitive situations identified by the agency.

History

Statutory/Other Authority: ORS 184.340
Statutes/Other Implemented: ORS 292.026, HB2207 B (OL 2013 & Ch 369)
DAS 1-2014, f. & cert. ef. 4-9-14
DAS 3-2013(Temp), f. & cert. ef. 10-28-13 thru 4-25-14

Division 20 ACCESS TO PUBLIC RECORDS AND PHOTOCOPY(ING) CHARGES

Or. Admin. R. 125-020-0010 Definitions

The following definitions shall apply to all Oregon Administrative Rules contained in OAR chapter 125, division 20, unless the context requires otherwise:

(1) "Custodian" refers to a public body mandated, directly or indirectly, to create, maintain, care for or control a public record. "Custodian" does not include a public body that has custody of a public record as an agent of another public body that is the custodian, unless the public record is not otherwise available.

(2) "Department" refers to the Oregon Department of Administrative Services.

(3) "Designee" refers to any officer or employee of the Department, appointed by the Director to respond to requests for public records of the Department of Administrative Services.

(4) "Director" refers to the Director of the Department of Administrative Services.

(5) "Division" refers to an organizational component or operating unit of the Department of Administrative Services.

(6) "Duplication or Duplicating" refers to the process of reproducing a public record or writing in any format.

(7) "Person" includes any natural person, corporation, partnership, firm or association.

(8) "Photocopy(ing)" includes a photograph, microphotograph and any other reproduction on paper or film in any scale, or the process of reproducing, in the form of a photocopy, a public record or writing.

(9) "Public body" includes every state officer, agency, department, division, bureau, board and commission; every county and city governing body, school district, municipal corporation, and any board, department, commission, council, or agency thereof; and any other public agency of this state.

(10) "Public record or writing" includes a document, book, paper, photograph, file, sound recording, machine readable electronic record or other material regardless of physical form or characteristics, made, received, filed or recorded in pursuance of law or in connection with the transaction of public business, whether or not confidential or restricted in use.

(11) "Requestor" refers to the person requesting inspection, copies, or other reproduction of a public record of the Department.

History

Statutory/Other Authority: ORS 184.340 & 192.430
Statutes/Other Implemented: ORS 192.410 - 192.505
DAS 3-2015, f. & cert. ef. 5-29-15
Renumbered from 121-020-0010, DAS 2-2012, f. 11-20-12, cert. ef. 12-1-12
BAD 2-1997, f. 6-18-97, cert. ef. 7-1-97

Or. Admin. R. 125-020-0020 Applicability of Rules

The Administrative Rules set forth in Chapter 125, Division 20 shall apply to all public records for which the Department is custodian, except as otherwise administered under OAR 105-010-0011 and 105-010-0016 of the Department's Human Resource Services Division.

History

Statutory/Other Authority: ORS 184.340 & 192.430
Statutes/Other Implemented: ORS 192.410 - 192.505
DAS 3-2015, f. & cert. ef. 5-29-15
Renumbered from 121-020-0020, DAS 2-2012, f. 11-20-12, cert. ef. 12-1-12
BAD 2-1997, f. 6-18-97, cert. ef. 7-1-97

Or. Admin. R. 125-020-0030 Access to Public Records

The Director or designee, in carrying out responsibilities of ORS 192.430, as custodian of public records:

(1) Shall allow access to and disclosure of the public records subject to ORS 192.410 to 192.505.

(2) Shall make restrictions and take precautions necessary to protect the integrity of the records and prevent interference with the regular discharge of the Department's duties; and

(3) Shall allow for inspection of the Department's public records during normal working days and hours at the location which the records reside, or any other reasonable location designated by the Director or designee.

History

Statutory/Other Authority: ORS 184.340 & 192.430
Statutes/Other Implemented: ORS 192.410 - 192.505
DAS 3-2015, f. & cert. ef. 5-29-15
Renumbered from 121-020-0030, DAS 2-2012, f. 11-20-12, cert. ef. 12-1-12
BAD 2-1997, f. 6-18-97, cert. ef. 7-1-97

Or. Admin. R. 125-020-0040 Requests to Inspect or Obtain Copies of Public Records

(1) A request to inspect or obtain copies of a public record of the Department shall be made in writing to the Director, and shall include:

(a) The name, address and telephone number of the requestor;

(b) Identification of the records from which information is requested, if known.

(c) The time period the records were produced and officials involved in producing the records or other relevant information, if known;

(d) The format in which the information is needed (i.e. photocopies, audio or video cassette, machine readable, or electronic format, etc.);

(e) The number of copies needed, if copies are requested; and

(f) Instruction to the Department to certify copies, if necessary.

(2) The Director or designee may waive the requirement, under paragraph (1) of this rule, for a request to be in writing, if it is determined that effective administration is aided by the waiver.

(3) A review of the requested records will be conducted by the Department as necessary to determine whether the records are exempt from disclosure, in accordance with ORS 192.410 to 192.505 and any other references establishing an exemption to disclosure of public records.

(4) The Director or designee will advise the requestor, within a reasonable amount of time, whether the records may be disclosed, the date, time, and place they may be inspected or obtain copies of the records, and the estimated cost of inspection, duplication, and other related fees as described in OAR 125-020-0050.

(5) If the requested records contain information exempt from disclosure, the requestor will be furnished a copy of the record with the exempt material removed.

(6) The Director or designee may require and designate a Department employee to supervise the inspection of requested records.

History

Statutory/Other Authority: ORS 184.340 & 192.430
Statutes/Other Implemented: ORS 192.410 - 192.505
DAS 3-2015, f. & cert. ef. 5-29-15
Renumbered from 121-020-0040, DAS 2-2012, f. 11-20-12, cert. ef. 12-1-12
BAD 2-1997, f. 6-18-97, cert. ef. 7-1-97

Or. Admin. R. 125-020-0050 Fees for Public Records and Other Services

(1) The Department will establish fees and miscellaneous charges, for providing access to or copies of public records in paper, electronic, or other format, based on the Department's actual costs of preparing and providing the records. Costs associated with a request for public records may include per page copy and facsimile fees, postage when applicable, staff time to locate, review, remove information exempt from disclosure, and/or transfer the material to a requested electronic or other necessary format appropriate for releasing the public record(s).

(2) No additional fee will be charged for providing records in an alternative format when required by the Americans with Disabilities Act.

(3) The Director or designee may reduce or waive fees when:

(a) Time spent making the records available for inspection or preparation for photocopying was negligible; or

(b) Supplying the requested records is within the normal scope of Department activity; or

(d) Making the record available primarily benefits the general public.

(4) All fees and charges must be paid in advance of releasing the requested public records for inspection or before photocopies are provided. Payments must be made by check or money order and made payable to the Department of Administrative Services.

(5) Consistent with ORS 279.550, to conserve and protect the State's resources, photocopies will be produced on recycled paper in double-sided print format whenever feasible to reduce costs and paper waste.

(6) Due to the threat of computer virus, the Department will not permit requestors to provide diskettes for electronic reproduction of computer records. Requests for other electronic reproduction will be evaluated at the time of the request and a determination made as to the feasibility and accessibility of the requested electronic format. The Department may require the requestor to provide the electronic media to which the record(s) will be copied.

(7) A request for public records requiring the Department to access the State's mainframe computer system, may include but not be limited to fees for computer usage time, data transfer costs, disk work space costs, programming, and fixed portion costs for printing and/or tape drive usage. Any fees charged the requestor as a result of accessing the State's mainframe computer system would be included in subsection (9)(h) of this rule.

(8) The Department limits the transmission of facsimile copies for public record requests to 30 pages.

(9) Fees:

(a) Photocopies (single or double-sided): 25 cents per page;

(b) Facsimile: $5 1st page, $1 per page thereafter;

(d) Audio Cassette — 90 min.: $1 ea.;

(e) Video Cassette — 2 hrs.: $2 ea.;

(f) Postage/Freight: First Class or Bulk rate based on weight;

(g) Staff Time: Calculated based on employee(s) hourly rate of pay;

(h) Indirect Costs/Third Party Charges: Based on actual/ invoiced fees;

(i) Publications: Fees for specific publications will be based on actual costs of development, printing and distribution, and determined by the Division distributing or releasing the publication.

(j) Certification of Public Record: $5

History

Statutory/Other Authority: ORS 184.340 & 192.430
Statutes/Other Implemented: ORS 192.410 - 192.505
DAS 3-2015, f. & cert. ef. 5-29-15
Renumbered from 121-020-0050, DAS 2-2012, f. 11-20-12, cert. ef. 12-1-12
BAD 2-1997, f. 6-18-97, cert. ef. 7-1-97

Division 30 ANNUAL CHARITABLE FUND DRIVE PROGRAM

Or. Admin. R. 125-030-0006 Annual Charitable Fund Drive Program

(1) The purpose of the Annual Charitable Fund Drive Program is to:

(a) Provide a wide range of choices for state employees and retirees from state service who wish to give to charitable organizations and support Oregon communities;

(b) Encourage volunteer leadership;

(d) Minimize cost to government and charitable organizations in charitable solicitation efforts;

(e) Ensure funds are solicited by qualified funds or federations;

(f) Ensure solicitation is conducted in a voluntary atmosphere.

(2) No organized charitable solicitations of state employees in state offices, facilities or other places of employment shall be permitted without prior approval of the Director of the Department of Administrative Services.

(3) All solicitations by charitable organizations that are approved in accordance with this rule shall be made in one combined annual fund drive for cash contributions or payroll deductions that shall be conducted on dates established by order of the Director of the Department of Administrative Services.

(4) OAR chapter 125, division 30, does not apply to the Governor’s Annual Food Drive, the annual Christmas Toys for Joy Program or the Campaign for Equal Justice.

History

Statutory/Other Authority: ORS 184.340, 292.045 & 184.305
Statutes/Other Implemented: ORS 292.043 & 292.045
DAS 3-2015, f. & cert. ef. 5-29-15
Renumbered from 121-030-0000, DAS 2-2012, f. 11-20-12, cert. ef. 12-1-12
BAD 1-2008, f. 9-16-08, cert. ef. 9-19-08
BAD 2-2002, f. & cert. ef. 7-30-02
ASD 1-1993, f. 12-29-93, cert. ef. 1-1-94
Reverted to EX 1-1991, f. & cert. ef. 1-28-91
EX 1-1993(Temp), f. & cert. ef. 4-13-93
EX 1-1991, f. & cert. ef. 1-28-91
EX 3-1990(Temp), f. & cert. ef. 8-3-90
EX 1-1990, f. & cert. ef. 5-8-90
EX 1-1989, f. & ef. 1-27-89
EX 2-1988(Temp), f. & ef. 7-27-88

Or. Admin. R. 125-030-0016 Definitions

As used in OAR 125-030-0000 through 125-030-0090:

(1) "Charitable Organization" means either:

(a) A nonprofit organization that is recognized as a 501(c)(3) organization under the Internal Revenue Code and is registered as a charitable organization with the Attorney General as required by ORS 128.610 to 128.995; or

(b) A state-created nonprofit fund that receives donations, which may be deducted from taxable income as "charitable contributions" under Section 170(a) and (c) of the Internal Revenue Code.

(2) "Fund" means an entity that disburses charitable contributions to ten or more charitable organizations.

(3) “Federation” means an entity that serves as the agent for a group of at least ten charitable organizations.

(4) "Local Presence" means a demonstrated presence in the State of Oregon as evidenced by the provision of direct and substantial charitable services or activities benefiting Oregonians in Oregon throughout the previous calendar year.

(5) "Charitable Fund Drive Management Organization" means the person or organization selected to administer the annual Charitable Fund Drive on behalf of all participating funds and federations.

(6) "Charitable Fund Drive Committee" or “Committee” means the committee appointed to set policies and implement the Charitable Fund Drive Program for state employees.

(7) A “conflict of interest,” whether actual or potential, means any action, decision or recommendation, the effect of which would be or could be to the pecuniary benefit or detriment of a fund, federation or associated charitable organization.

(8) “Department” means the Department of Administrative Services.

(9) “Director” means the Director of the Department of Administrative Services.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 184.340, 292.045 & 184.305
Statutes/Other Implemented: ORS 292.043 & 292.045
DAS 3-2015, f. & cert. ef. 5-29-15
Renumbered from 121-030-0010, DAS 2-2012, f. 11-20-12, cert. ef. 12-1-12
BAD 1-2008, f. 9-16-08, cert. ef. 9-19-08
ASD 1-1993, f. 12-29-93, cert. ef. 1-1-94

Or. Admin. R. 125-030-0021 Charitable Fund Drive Committee

(1) The Charitable Fund Drive Committee shall be composed of seven members, all of whom must be employees of the State of Oregon.

(2) The Director shall appoint members who:

(a) Reflect the diversity of employees including, but not limited to, geography, race, gender, age, chosen profession, disability, and agency affiliation;

(b) Have skills in the following areas:

(A) Marketing;

(B) Fundraising;

(D) Accounting; and

(E) Payroll.

(3) The Director will appoint members to serve a term of one to three years.

(4) No member may serve more than two consecutive terms.

(5) No member shall take any action that creates a conflict of interest with respect to any fund, federation, or affiliated charitable organization that the member is associated with in a leadership capacity.

(6) The Director will appoint one member as chair. The Governor shall be the honorary chair.

(7) The responsibilities of the Committee are to:

(a) Implement OAR 125-030-0000 to 125-030-0090 and propose changes for adoption by the Director as necessary;

(b) Establish and enforce policies and procedures for managing the Charitable Fund Drive, recommending any rules for the Director's adoption;

(d) Select, supervise, and establish guidelines for the Charitable Fund Drive Management Organization;

(e) Ensure the funds and federations have equal access to state resources;

(f) Provide and communicate fund drive information to state agencies and fund drive participants;

(g) Ensure the fund drive is free from coercion and unfair or misleading conduct;

(h) Approve budget and costs and ensure funds are properly accounted for;

(i) Hear grievances of funds and federations; and

(j) Prepare and distribute requests for proposals to be used in evaluating and selecting the Charitable Fund Drive Management Organization and make a final recommendation to the Director.

History

Statutory/Other Authority: ORS 184.340, 292.045 & 184.305
Statutes/Other Implemented: ORS 184.340, 292.045 & 184.345
DAS 3-2015, f. & cert. ef. 5-29-15
Renumbered from 121-030-0020, DAS 2-2012, f. 11-20-12, cert. ef. 12-1-12
BAD 1-2008, f. 9-16-08, cert. ef. 9-19-08
BAD 2-1998, f. 12-17-98, cert. ef. 12-24-98
Reverted to ASD 1-1993, f. 12-29-93, cert. ef. 1-1-94
BAD 1-1998(Temp), f. & cert. ef. 6-25-98 thru 8-31-98
ASD 1-1993, f. 12-29-93, cert. ef. 1-1-94

Or. Admin. R. 125-030-0031 Quorum

A majority of the members of the Charitable Fund Drive Committee constitutes a quorum for the transaction of business.

History

Statutory/Other Authority: ORS 184.340, 292.045 & 184.305
Statutes/Other Implemented: ORS 292.043 & 292.045
DAS 3-2015, f. & cert. ef. 5-29-15
DAS 2-2012, f. 11-20-12, cert. ef. 12-1-12
BAD 1-2008, f. 9-16-08, cert. ef. 9-19-08, Renumbered from 121-030-0030
ASD 1-1993, f. 12-29-93, cert. ef. 1-1-94

Or. Admin. R. 125-030-0041 Participation Requirements for Charitable Organizations

(1) To participate in the Annual Charitable Fund Drive, each organization claiming to be a charitable organization must participate as a member of an eligible fund or federation and must satisfy each of the following requirements:

(a) The organization must meet the definition of "charitable organization" in OAR 125-030-0010;

(b) The organization must have a “local presence” as defined in OAR 125-030-0010;

(c) The organization must have an Internal Revenue Service determination letter or advance ruling indicating that it is an exempt organization under Internal Revenue Code Section 501(c)(3), if applicable; and;

(d) The organization must comply with the relevant provisions of ORS 128.610 to 128.995 concerning registration with and reporting to the Attorney General, if required.

(2) Any organization claiming to be a charitable organization must provide the following information to the fund(s) or federation(s) for submission to the Committee upon request:

(a) Evidence that the organization meets the definition of “charitable organization” in OAR 125-030-0010, including a copy of the Internal Revenue Service determination letter indicating that the charitable organization is an exempt organization under Internal Revenue Code Section 501(c)(3), if applicable;

(b) Evidence of the organization’s local presence as defined in OAR 125-030-0010;

(c) Evidence that the organization has complied with the relevant provisions of ORS 128.610 to 128.995, concerning registration with and reporting to the attorney general, if required, or an explanation of why the organization has not registered and reported; and

(d) A copy of the charitable organization's written policy on nondiscrimination regarding race, color, religion, national origin, disability, age, sex, sexual orientation, or association with any of these protected classes, and applicable to persons served by it.

(3) Public Accountability Standards: Each charitable organization shall annually prepare and make a report available to the fund(s) and federation(s) that represent it. The report shall include a full description of the organization’s activities, including types of solicitation for contributions, the names of its chief administrative personnel, and full disclosure of the source of and use of all contributions. The report shall also disclose the charitable organization's fund-raising costs and the estimated percentage of money collected that will be applied to administrative costs and to charitable activities. The funds and federations shall make this information available to state employees upon request during the annual solicitation.

(4) A charitable organization shall be denied participation in the current year’s Annual Charitable Fund Drive for failure to meet the eligibility requirements set forth in OAR 125-030-0040(1) through (3). The Committee will notify the fund or federation representing the charitable organization in writing of the denial of participation.

(5) A charitable organization shall be removed from participation in the current year’s Annual Charitable Fund Drive and denied participation in the Annual Charitable Fund Drive for the following two years, if the charitable organization fails to properly account for, allocate, or represent financial transactions. The Committee will notify the fund or federation representing the charitable organization in writing of the charitable organization’s removal from participation from the current year’s Annual Charitable Fund Drive and denial of participation in the Annual Charitable Fund Drive for the following two years within 45 days after the date a quorum of Committee members determines that a disqualifying event has occurred.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 184.340, 292.045 & 184.305
Statutes/Other Implemented: ORS 184.340, 292.045 & 184.305
DAS 3-2015, f. & cert. ef. 5-29-15
Renumbered from 121-030-0040, DAS 2-2012, f. 11-20-12, cert. ef. 12-1-12
BAD 1-2008, f. 9-16-08, cert. ef. 9-19-08
BAD 3-2003, f. & cert. ef. 11-10-03
BAD 1-2003(Temp), f. & cert. ef. 6-11-03 thru 12-8-03
BAD 2-2002, f. & cert. ef. 7-30-02
BAD 2-1998, f. 12-17-98, cert. ef. 12-24-98
ASD 1-1993, f. 12-29-93, cert. ef. 1-1-94

Or. Admin. R. 125-030-0051 Participation Requirements for Funds and Federations

(1) To participate in the Annual Charitable Fund Drive, each fund or federation must satisfy each of the following requirements:

(a) The organization must meet the definition of “charitable organization” in OAR 125-030-0010;

(b) The organization must meet the definition of a “fund” or “federation” in OAR 125-030-0010;

(d) The organization must have an Internal Revenue Service determination letter or advance ruling indicating that it is an exempt organization under Internal Revenue Code Section 501(c)(3), if applicable;

(e) The organization must comply with the relevant provisions of ORS 128.610 to 128.995 concerning registration with and reporting to the Attorney General, if required;

(2) Any organization claiming to be a fund or federation must submit the following information to the Committee upon request:

(a) Evidence that the fund or federation meets the definition of “charitable organization” in OAR 125-030-0010, including a copy of the Internal Revenue Service determination letter indicating that the fund or federation is an exempt organization under Internal Revenue Code Section 501(c)(3), if applicable;

(b) Evidence that the fund or federation meets the definition of a “fund” or “federation” in OAR 125-030-0010;

(d) Evidence that the fund or federation has complied with the relevant provisions of ORS 128.610 to 128.995, concerning registration with and reporting to the Attorney General, if required, or an explanation of why the organization has not registered and reported; and

(e) A copy of the organization’s written policy on nondiscrimination regarding race, color, religion, national origin, disability, age, sex, sexual orientation, or association with any of these protected classes, and applicable to persons served by it.

(3) Public Accountability Standards: Each fund or federation shall annually prepare and submit to the Committee, as part of the application, a report that includes a full description of its activities, including types of solicitation for contributions, the names of its chief administrative personnel, and full disclosure of the source of and use of all contributions. The report shall also disclose the fund-raising costs and the estimated percentage of money collected that will be applied to administrative costs and to charitable activities. The funds and federations shall make this information available to state employees upon request during the annual solicitation.

(4) Each fund or federation that participates in the Annual Charitable Fund Drive, shall support and participate in the events and activities associated with the fund drive.

(5) Each fund or federation must submit an application to the Charitable Fund Drive Committee in the form prescribed by the Committee and by the date established by the Committee. At a minimum, the funds and federations shall be asked to provide the information required by OAR 125-030-0050(1) through (3) and to affirm their intention to participate as required by 125-030-0050(4). The Committee may request additional information or clarification of the information submitted with an application.

(6) Once a fund or federation has been accepted for participation in the Annual Charitable Fund Drive, the Committee may exercise discretion and accept previous application information in determining eligibility for participation in subsequent Annual Charitable Fund Drives. The Committee will notify the fund or federation in writing if it elects to exercise such discretion.

(7) A fund or federation shall be denied participation in the current year’s Annual Charitable Fund Drive for:

(a) Failure to meet the eligibility requirements set forth in OAR 125-030-0050(1) through (4); or

(b) Failure to apply or renew the application to participate in the Annual Charitable Fund Drive by the deadline set by the Committee.

(8) A fund or federation shall be notified in writing of acceptance for or denial of participation in the current year’s Annual Charitable Fund Drive within 45 days after the application deadline.

(9) A fund or federation shall be removed from participation in the current year’s Annual Charitable Fund Drive and denied participation in the Annual Charitable Fund Drive for the following two years if the fund or federation fails:

(a) To properly account for, allocate, or represent financial transactions; or

(b) To pay the fund’s or federation’s allocated share of the costs of the fund drive.

(10) A fund or federation shall be notified in writing of its removal from participation from the current year’s Annual Charitable Fund Drive and denial of participation in the Annual Charitable Fund Drive for the following two years within 45 days after the date a quorum of Committee members determines that a disqualifying event has occurred.

History

Statutory/Other Authority: ORS 184.340, 292.045 & 184.305
Statutes/Other Implemented: ORS 292.043 & 292.045
DAS 3-2015, f. & cert. ef. 5-29-15
Renumbered from 121-030-0050, DAS 2-2012, f. 11-20-12, cert. ef. 12-1-12
BAD 1-2008, f. 9-16-08, cert. ef. 9-19-08
BAD 2-1998, f. 12-17-98, cert. ef. 12-24-98
ASD 1-1993, f. 12-29-93, cert. ef. 1-1-94

Or. Admin. R. 125-030-0061 Charitable Fund Drive Management Organization

(1) The Charitable Fund Drive Committee will select a person or organization as the Charitable Fund Drive Management Organization through an open competitive process.

(2) The selection process will consider cost, experience, and ability to conduct a statewide fund drive.

History

Statutory/Other Authority: ORS 184.340, 292.045 & 184.305
Statutes/Other Implemented: ORS 292.043 & 292.045
DAS 3-2015, f. & cert. ef. 5-29-15
Renumbered from 121-030-0060, DAS 2-2012, f. 11-20-12, cert. ef. 12-1-12
BAD 1-2008, f. 9-16-08, cert. ef. 9-19-08
BAD 2-2002, f. & cert. ef. 7-30-02
BAD 1-2002(Temp), f. 1-31-02, cert. ef. 2-1-02 thru 7-30-02
Reverted to ASD 1-1993, f. 12-29-93, cert. ef. 1-1-94
DAS 2-1995(Temp), f. & cert. ef. 5-19-95
Reverted to ASD 1-1993, f. 12-29-93, cert. ef. 1-1-94
ASD 1-1994(Temp), f. & cert. ef. 4-14-94
ASD 1-1993, f. 12-29-93, cert. ef. 1-1-94

Or. Admin. R. 125-030-0071 Charitable Fund Drive Costs

(1) It is the responsibility of the Charitable Fund Drive Committee to allocate the costs of the fund drive to each participating fund and federation. The Charitable Fund Drive Committee will consider such factors as the contributions received by each fund and federation, the exposure of each fund and federation to the employee base, and fixed costs.

(2) Participating funds and federations shall sign a memorandum of agreement with the Charitable Fund Drive Committee and the Charitable Fund Drive Management Organization to develop a cooperative fund drive and pay all costs of the fund drive. Such costs include, but are not limited to, costs incurred for the overall management and coordination of the Annual Charitable Fund Drive; design and printing of brochures and payroll deduction forms; training provided to employee volunteers; promotional events; and any other expenditure deemed necessary and approved by the Charitable Fund Drive Committee.

(3) The Charitable Fund Drive Committee is committed to keeping administrative costs reasonable. Charitable Fund Drive costs are ideally held to less than 10% of total donations per campaign; because donations are not known at the time the campaign budget is set and because donation levels fluctuate, the total campaign budget shall not exceed 12% of the prior year’s total donations.

(4) Interest accrued on employee and retiree donations may be used by the Charitable Fund Drive Committee to offset fund drive costs, including bank transaction fees.

History

Statutory/Other Authority: ORS 184.340, 292.045 & 184.305
Statutes/Other Implemented: ORS 292.043 & 292.045
DAS 3-2015, f. & cert. ef. 5-29-15
Renumbered from 121-030-0070, DAS 2-2012, f. 11-20-12, cert. ef. 12-1-12
BAD 1-2008, f. 9-16-08, cert. ef. 9-19-08
ASD 1-1993, f. 12-29-93, cert. ef. 1-1-94

Or. Admin. R. 125-030-0083 Appeals

(1) Funds and federations may appeal:

(a) Denial of participation;

(b) Removal from participation; and

(2) Any appeal by a fund or federation must be in writing and received by the Charitable Fund Drive Committee within ten business days of the mailing of the written notice of denial, removal, or Committee action. The appeal must specify the particular action that is being appealed and why.

(3) The Charitable Fund Drive Committee has 45 days from the date of the appeal letter to respond.

(4) A fund or federation that is not satisfied with the response of the Committee may appeal in writing to the Director within ten business days of the date on which the Committee mailed its response.

(5) The decision of the Director shall be final.

History

Statutory/Other Authority: ORS 184.340, 292.045 & 184.305
Statutes/Other Implemented: ORS 292.043 & 292.045
DAS 3-2015, f. & cert. ef. 5-29-15
Renumbered from 121-030-0080, DAS 2-2012, f. 11-20-12, cert. ef. 12-1-12
BAD 1-2008, f. 9-16-08, cert. ef. 9-19-08
ASD 1-1993, f. 12-29-93, cert. ef. 1-1-94

Or. Admin. R. 125-030-0090 Designation of Direct Recipients

Funds and federations shall allow state employees and retirees to designate any affiliated charitable organization eligible to participate in the Annual Charitable Fund Drive as the direct recipient of an employee’s or retiree’s contribution.

History

Statutory/Other Authority: ORS 184.340, 292.045 & 184.305
Statutes/Other Implemented: ORS 292.043 & 292.045
DAS 3-2015, f. & cert. ef. 5-29-15
Renumbered from 121-030-0090, DAS 2-2012, f. 11-20-12, cert. ef. 12-1-12
BAD 1-2008, f. 9-16-08, cert. ef. 9-19-08

Division 35 FEDERAL SURPLUS PROPERTY

Or. Admin. R. 125-035-0005 Authority

The Department of Administrative Services, State of Oregon, is authorized by ORS 279.820 to acquire, warehouse and distribute federal surplus property from the Government of the United States or any surplus property disposal agency thereof (all such property is hereinafter referred to as “Federal surplus property”) to all eligible donees in the state and to enter into cooperative agreements pursuant to the provisions of 41 CFR Ch. 101-44.206.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 279 & 283
GS 1-1994, f. & cert. ef. 11-1-94
GS 3-1984, f. 6-29-84, ef. 6-30-84

Or. Admin. R. 125-035-0010 Designation of the State Agency

The plan, as required in FPMR 101-44.202 shall be administered by the Transportation, Purchasing and Print Services Division, Department of Administrative Services, Surplus Property Section, hereafter referred to as the State Agency for Surplus Property (SASP). The SASP reports directly to the Administrator, Transportation, Purchasing and Print Services Division. The SASP has complete responsibility and authority to carry out the requirements of acquiring, warehousing and distributing Federal surplus property in the State of Oregon pursuant to the provisions of the Federal Property and Administrative Services Act of 1949, as amended. SASP’s staffing, structure, and status are shown in (Exhibit 1); physical facilities are described in (Exhibit 2).

[ED. NOTE: Exhibits referenced are available from the agency]

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 279 & 283
GS 1-1994, f. & cert. ef. 11-1-94
GS 3-1984, f. 6-29-84, ef. 6-30-84

Or. Admin. R. 125-035-0015 Inventory Controls and Accounting Systems

The following shall be the responsibility of the SASP when acquiring Federal surplus property for the distribution center inventory and reallocating it to donees:

(1) Inventory Controls:

(a)(A) Immediately upon receipt, Federal surplus property shall be moved into a receiving area for check in. If personnel are not immediately available, the property shall be held in a protected area until it can be received.

(B) Shipping documents and the applicable SF-123 and its attachments shall be used to check and identify the property;

(C) Overage and shortage reports, and supplemental SF-123’s, shall be prepared in accordance with the requirements of Federal Property Management Regulations (FPMR) 101-44.115 and mailed to the appropriate General Services Administration regional office. Upon verifying the description, condition, and quantity, of the Federal surplus property, a stock tag containing the following data shall be prepared and attached to each item to identify it as follows:

(i) Oregon List number;

(ii) Item number;

(iii) Unit acquisition cost;

(iv) Description, including serial number, if applicable;

(v) Unit of measure;

(vi) Unit service and handling charge.

(b) Following verification of receiving information, individual stock record cards shall be prepared on all items of Federal surplus property having an individual acquisition cost of five dollars or more. All actions, including receipt, donation and inventory status shall be recorded on this card. The stock record card shall be retained on file for not less than three years after the property has been donated;

(c) A physical inventory shall be taken annually of all Federal surplus property in possession of the SASP. Shortages and overages shall be listed on the annual inventory report. This report shall be used to record inventory adjustments and must be approved by the supervisor before posting to the stock cards. Adjustments to the inventory record shall be made only when all reasonable efforts have been exhausted to determine the reason for variance. A statement explaining the variance shall be included in the corrected inventory report.

(d) After receiving approval from the GSA Regional Office, all federal surplus property retained by SASP for internal use will be recorded on separate records from donable property for control and accountability.

(2) Accounting Systems: A state approved double entry accounting system shall be used. It shall include a chart of accounts, a general ledger with accounts for all assets, liabilities, income, and expense, and journals for all original records of transactions. It shall identify and separately account for funds accumulated from service charges. Monthly and year-end reports shall be provided for management visibility and program control.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 279 & 283
GS 1-1994, f. & cert. ef. 11-1-94
GS 3-1984, f. 6-29-84 & ef. 6-30-84

Or. Admin. R. 125-035-0020 Return of Donated Property by Donee

(1) When a determination has been made that federal surplus property has not been put to use by a donee within one year from the date of receipt of the property or the donee has not used the property for one year thereafter under the terms and conditions of eligibility, and if the Federal surplus property is determined to still be usable, the donee must:

(a) Return the property at the donee’s own expense to the SASP distribution center. Property retuned by a donee shall be received into inventory stock control for reissuance to other donees; or

(b) Transfer the property to another eligible donee as directed by the SASP; or

(2) The SASP shall periodically reemphasize this Federal surplus property utilization requirement when corresponding and meeting with donees and when surveying the utilization of donated Federal surplus property at donee facilities.

History

Statutory/Other Authority: ORS 279 & 283
GS 1-1994, f. & cert. ef. 11-1-94
GS 3-1984, f. 6-29-84 & ef. 6-30-84

Or. Admin. R. 125-035-0025 Financing and Service Charges

(1) ORS 279.822 authorizes the use of the Department of Administrative Services Operating Fund (the Fund) to finance the acquisition and distribution of Federal surplus property. The Fund is maintained by the collection of service and handling charges from property donations to the donees of the Federal Surplus property.

(2) The service charge is based on the pro-rated expenses incurred annually by the SASP including but not limited to the following major cost areas: personnel, transportation, utilities, fuels, telephone, warehousing, storage, compliance, insurance, printing, supplies and travel. Service charges shall be assessed at a rate designed to cover all direct and indirect costs involved in acquiring and distributing Federal surplus property.

(3) The service charges shall be fair and equitable in relation to the service performed. Emphasis shall be placed on keeping the service charge to a minimum but at the same time providing the necessary service and funds to operate the SASP on a sound financial basis. Other factors considered in applying service charges are; original acquisition cost, present value, screening cost, quantity, condition, desirability of the property, transportation cost, loading and unloading cost, packing and crating, administrative costs, repair and rehabilitation, utilization and compliance.

(4) Service charges for Federal surplus property are determined by the expenses and factors listed in sections (2) and (3) of this rule. When the Fund’s balance is determined by SASP to be either insufficient or excessive, service changes shall be adjusted accordingly.

(a) The maximum service charge per item of property shall not exceed $15,000;

(b) If a donee screens and arranges delivery of Federal surplus property, the service charge assessed to the donee shall be 4% of acquisition value for miscellaneous items, and 6% for licensed vehicles, boats, and heavy equipment, or property requiring an 18 month restriction period;

(c) If the SASP screens and arranges delivery of Federal surplus property to a donee, the service charge shall be 4% of acquisition value for miscellaneous items, and 7% for licensed vehicles, boats, and heavy equipment, or property requiring an 18 month restriction period;

(d) If the Federal surplus property is handled at SASP’s distribution center, the following service charge schedule shall be used:

(A) Acquisition Cost $0–$5,000, Percent Charge 0–30%;

(B) Acquisition Cost $5,001–$20,000, Percent Charge 0–25%;

(e) Federal surplus property made available to eligible nonprofit providers of assistance to homeless individuals shall be distributed at a nominal cost for care and handling of the property.

(5) Exceptions — the following exceptions to Section 4, subsections (a)–(e) of this rule address problem areas which are frequently encountered. Special or extraordinary costs may be added to, or subtracted from the service charge as follows:

(a) Rehabilitated property — direct costs for property rehabilitation shall be added to the service charge. The SASP reserves the right to rehabilitate Federal surplus property, except when such property is received by the donee directly from the Federal holding agency.

(b) Overseas property — additional direct costs for obtaining the Federal surplus property may be added;

(c) Long-haul property — charges for major items with unusual costs may be added. Any such costs which are anticipated shall be discussed with the donee prior to shipment;

(d) Special handling — an additional charge may be made for dismantling, packing, crating, shipping, delivery and other extraordinary handling charges;

(e) Screening — Extraordinary costs incurred in screening property may be added;

(f) Condition code — when an obvious incorrect condition code has been assigned, the correct code shall be used for discount purposes.

(g) Acquisition cost — when an incorrect acquisition cost has been detected, there shall be an adjustment in service charges to reflect the correct acquisition cost. The correct acquisition cost will determined by researching available records for similar equipment or supplies, including federal stock/pricing manuals.

(6) In event the program authorized by ORS 279.800, et seq., is abolished, any balance in the Fund which is attributable to SASP’s activities shall be divided among the participating donees during the immediately preceding fiscal year, in accordance with, and except as otherwise allowed or provided in, ORS 279.822(3).

(7) Service charge payments remitted to SASP by donees shall be used to cover the direct and indirect costs of operations and, indirectly, for the benefit of the participating donees, and for no other use or purpose. SASP’s costs of operation include, as provided by state law, acquiring and/or improving offices and warehouse facilities.

(8) Service charge payments received by SASP may be used, among other purposes, to purchase necessary equipment and supplies, to repair and rehabilitate equipment, and to purchase replacement parts.

(9) Minimum service charges shall be assessed to donees in cases where the SASP provides document processing only and no other direct costs are involved. Based on an analysis of SASP expenses to facilitate the transfer of Federal surplus property, the service charge shall be discounted twenty-five percent for the donee locating and screening the property, and ten percent for direct pickup by the donee. These discounts shall be based upon the service charge that would have been assessed if the Federal surplus property had been transferred from the SASP distribution center.

History

Statutory/Other Authority: ORS 279 & 283
GS 1-1994, f. & cert. ef. 11-1-94
GS 8-1986, f. & ef. 10-10-86
GS 3-1984, f. 6-29-84, ef. 6-30-84

Or. Admin. R. 125-035-0030 Terms and Conditions on Donated Property

(1)(a) The SASP shall require each donee, as a condition of eligibility for receiving allocation(s) of Federal surplus property, to file with the SASP an application, certification and agreement form establishing the terms, conditions, reservations and restrictions under which all Federal surplus property shall be allocated by SASP to the donee. Each form must be signed by the Chief Executive Officer of the donee agreeing to such terms, conditions, reservations and restrictions prior to the allocation of any Federal surplus property to the donee. The certifications and agreements, and the terms, conditions, reservations and restrictions shall be printed on the reverse side of each SASP property issue and invoice document. The SASP shall make it an express term of all donation agreements that all donees comply with the statutory requirement that all property acquired by donees must be placed into use within one year of donation and be used for one year thereafter. The SASP property issue and invoice document is included in the attachments to this plan (Exhibit 3);

(b) The following periods of restriction are established by the SASP on all items of Federal surplus property with a unit acquisition cost of $5,000 or more, and on all passenger motor vehicles:

(A) All passenger motor vehicles — 18 months from the Federal surplus date the property is placed in use by the donee.

(B) Items with a unit acquisition cost of $5,000 or more — 18 months from the date the Federal surplus property is placed in use, except for such other items of major equipment on which the SASP and General Services Administration may designate a further period of restriction;

(C) Aircraft (except combat type) and vessels (50 feet or more in length) with a unit acquisition cost of $5,000 or more — 60 months from the date the Federal surplus property is placed in use. Such donations shall be subject to the requirements of the Conditional Transfer Document (Exhibits 4 and 5);

(D) Aircraft (combat type) — restricted in perpetuity. Donation of combat type aircraft shall be subject to the requirements of a Conditional Transfer Document (Exhibit 6).

(E) Foreign Gifts — Ten years from the date the gift or decoration was placed in use by the donee as stated in the Donee Letter of Intent.

(c) The SASP may reduce, for good and sufficient reasons, the period of restriction on items of Federal surplus property described in subparagraphs (b)(A) and (b)(B) of this section, at the time of donation but in no event shall the period of restriction be less than 18 months from the date the Federal surplus property is placed in use by the donee (e.g., condition of the Federal surplus property, or the proposed use, secondary, cannibalization, etc.) (Exhibit 7);

(d) The SASP, at its discretion, and when considered appropriate, may impose such terms, conditions, reservations and restrictions as it deems reasonable on the use of donated Federal surplus property other than items with a unit acquisition cost of over $5,000 or more, and passenger motor vehicles.

(2)(a) The SASP may amend, modify, or remove any term, condition, reservation or restriction it has imposed on the donee of Federal surplus property in accordance with the standards prescribed and in accordance with the enclosed standards (Exhibit 7), provided that the conditions pertinent to each situation have been demonstrated to the satisfaction of the SASP and made a matter of public record by the SASP.

(b) The SASP shall impose on the donation of any item of Federal surplus property, regardless of unit acquisition cost, such special handling or use limitations as the General Services Administration may determine necessary because of the characteristics of the property. Use restrictions imposed by General Services Administration shall not be removed by the SASP without prior General Services Administration concurrence.

(c) The SASP shall make it an express term of all donation agreements that all donees comply with the statutory requirement that all items donated must be placed into use within one year of donation and be used for one year after being placed in use. If not so used, the property shall be returned to the SASP if it is still usable, or otherwise handled in accordance with the provisions of OAR 125-035-0020 of this plan.

[ED. NOTE: Exhibits referenced are available from the agency.]

History

Statutory/Other Authority: ORS 279 & 283
GS 1-1994, f. & cert. ef. 11-1-94
GS 3-1984, f. 6-29-84, ef. 6-30-84

Or. Admin. R. 125-035-0035 Non-Utilized Donated Property

(1) All Federal surplus property in the possession of the SASP for 18 months, which cannot be utilized by eligible donees, shall be reported to the General Services Administration for disposal authorization in accordance with FPMR 101-44.205. In accordance with this regulation SASP shall:

(a) Transfer the property to another state agency or federal agency; or

(b) Sell the property by public sale; or

(2) In the event of disposal by transfer to another agency or by public sale, the SASP may seek such reimbursement as is authorized in accordance with FPMR 101-44.205.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 279 & 283
GS 1-1994, f. & cert. ef. 11-1-94
GS 3-1984, f. 6-29-84, ef. 6-30-84

Or. Admin. R. 125-035-0040 Fair and Equitable Distribution

The SASP shall make Federal surplus property available to eligible donees in the state on a fair and equitable basis.

(1)(a) The distribution of Federal surplus property shall be based on the SASP’s determination of relative needs, resources and ability to utilize the property. Factors to be considered in determining relative needs of the donee program:

(A) Size and type of program conducted by each prospective donee;

(B) Contemplated use and frequency of use by each prospective donee;

(D) The prospective donee’s critical or urgent need for the property;

(E) Interest in and expression of need for the available property by the donee;

(b) Ability to utilize:

(A) Length of time in contemplated usage and frequency of use;

(B) When the item can be put to use;

(D) Ability of the donee to select and remove property from the federal activity of distribution center on a timely basis;

(E) Type and quantity of property received by the donee to date.

(2)(a) The SASP operates a distribution center to service the eligible donees in the distribution of available Federal surplus property. To insure that eligible donees located a greater distance from the distribution center are treated equitably, a “Want List” system shall be maintained that aims for direct shipment of allocated items from the Federal holding agencies to the donee’s intended place of use. Donees are encouraged to submit a list of major items needed such as vehicles, construction equipment, materials handling equipment, machine tools, generators, air compressors, business machines, boats, aircraft, large electronic and scientific type items, etc. SASP employees shall be guided by these requests in their search and selection of allocable Federal surplus property. Items listed on a “Want List” shall be distributed to eligible donees on the basis of need, resources and ability to utilize the property as outlined in section (1) of this rule. Small miscellaneous items shall be available from the distribution center which shall be open seven hours per day five days a week;

(b) Miscellaneous items shall be available on a supermarket plan, with quantity limited to any one donee depending upon the total quantity on hand.

(3) The SASP shall recommend to General Services Administration the certification of donee screeners as are qualified and needed in accordance with FPMR 101-44.116. The SASP shall, insofar as practical, select that Federal surplus property requested by the donees and arrange for direct pickup or shipment of the property to the donee, if requested to do so.

(4) Donees which suffer or experience a local disaster and/or loss of donee property due to fire, flood, tornado, or other casualty, shall be given a temporary priority for all requested items of Federal surplus property. Special efforts will be made by the SASP to locate and distribute property needed by donees which have suffered casualty losses.

(5) Where competing requests are received for Federal surplus property items, SASP shall make a determination as to the donee based on the evaluation of the criteria in section (1) of this rule.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 279 & 283
GS 1-1994, f. & cert. ef. 11-1-94
GS 3-1984, f. 6-29-84, ef. 6-30-84

Or. Admin. R. 125-035-0045 Eligibility

(1)(a) The SASP shall contact and instruct all known potential donees in the state on the procedures to follow in establishing their eligibility to participate in the Federal surplus property program;

(b) In establishing a list of the potential donees, the SASP shall use the standards and guidelines set forth in FPMR 101-44.207 as well as the following sources:

(A) Public Agencies:

(i) Listings of cities and towns;

(ii) Listings of counties, state departments, divisions, councils, commissions, institutions, including the legislative and judicial branches of state government, etc.;

(iii) Listings of local departments, divisions, commissions, councils, etc.

(B) Non-profit, Tax-exempt Units:

(i) State departments and others for listing of all local units approved or licensed by them;

(ii) Existing listings of units now eligible to participate in the Federal surplus property program;

(iii) Inquiries, letters, telephone calls, etc., received relative to eligibility.

(2) Contacts shall be made by letter, telephone, general meetings, and conferences with the groups listed above, supplemented as necessary by news releases, informational bulletins, attendance at conferences and meetings, to discuss the Federal surplus property program.

(3) As a condition of eligibility each potential donee shall be required to file with the SASP:

(a) An application certification and agreement form signed by the chief executive officer accepting and agreeing to be bound by the terms and conditions under which Federal surplus property shall be transferred. (Exhibit 8);

(b) A written authorization signed by the chief administrative officer or executive head of the applicant or a resolution of the governing board designating one or more representatives to act for the applicant, obligate any necessary funds, and execute issue and invoice documents. (Exhibit 9);

(c) Assurance of compliance indicating acceptance of Civil Rights laws and Non-Discrimination on the basis of race, color, national origin, gender, age or disability in accordance with General Services Administration regulations and requirements. (Exhibit 10);

(d) The legal name of applicant, address and telephone number and its status as a public agency or non-profit, tax-exempt, educational or public health activity, provider of assistance to homeless, and/or a program for older Americans;

(e) Details and scope of the applicant’s program, including its different activities and functions;

(f) A list of the types and kinds of equipment, vehicles, machines, or other items needed by the applicant;

(g) Financial information, as requested by SASP, to help in evaluating the applicant’s relative needs and resources;

(h) Proof of the applicant’s tax-exempt status under Section 501 of the Internal Revenue Code of 1954 (for non-profit activities only); and

(i) Proof that the applicant is approved, accredited or licensed in accordance with FPMR 101-44.207.

(4) All approvals of eligibility shall be reviewed and updated every three years, except for skilled nursing homes, intermediate care facilities, alcohol and drug abuse centers, programs for older individuals and any other programs that are certified, approved and/or licensed, which must be reviewed and updated each year.

[ED. NOTE: Exhibits referenced are available from the agency]

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 279 & 283
GS 1-1994, f. & cert. ef. 11-1-94
GS 3-1984, f. 6-29-84, ef. 6-30-84

Or. Admin. R. 125-035-0050 Compliance and Utilization

(1) Separate warehouse property issue and invoice documents shall be prepared for each item of Federal surplus property with an acquisition cost of $5,000 or more and for all passenger motor vehicles. An additional statement, establishing property utilization standards, shall be printed on the face of the property issue and invoice document advising the donee that this item of Federal surplus property must be placed in use within one year of acquisition and used continuously for a period of 18 months thereafter.

(2) Passenger motor vehicles, and other motor vehicles required to be licensed by the Oregon Department of Transportation’s Driver and Motor Vehicle Services shall be licensed, and filed with the SASP shown as the security interest holder. When the vehicle has been utilized in accordance with the terms and conditions of transfer, and when 18 months of use have expired, the SASP shall release the title to the donee.

(3) At least once during the period of restriction, SASP personnel, or a designated representative, shall review all passenger motor vehicles and issued items with an original acquisition value of $5,000 or more to determine that these items are being utilized in accordance with the purpose for which acquired. Review shall consist of a minimum of 5% on site physical inspections and written certification of property utilization by donee.

(4) During the physical review, a SASP representative shall ascertain whether the donee is complying with any special handling conditions or use limitations imposed on items of property by General Services Administration in accordance with FPMR 101-44.108. The review shall include a survey of donee compliance with the statutory requirements that all items of property acquired by the donee have been placed into use within one year of acquisition and used for one year thereafter. Written reports on utilization and compliance reviews shall be made and placed on file.

(5) Whenever there is any indication of misuse, noncompliance, or alleged fraud, the SASP shall initiate the appropriate level of investigation of the allegations, including a report to the FBI when appropriate. The General Services Administration shall be notified of all cases including misuse, noncompliance, or alleged fraud. The State Agency for Surplus Property shall take necessary actions to assist General Services Administration and other Federal and State agencies in investigating such cases.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 279 & 283
GS 1-1994, f. & cert. ef. 11-1-94
GS 3-1984, f. 6-29-84, ef. 6-30-84

Or. Admin. R. 125-035-0055 Consultation with Advisory Bodies and Private Groups

The State Agency for Surplus Property shall establish an Advisory Board that represents both public and non-profit donee agencies, institutions, and organizations and that is comprised of donee representatives from various geographic locations throughout the state. The manager of the Federal Surplus Property Program shall act as chairperson. The Board shall meet annually or at the discretion of the chairperson. The membership may fluctuate to fully meet the interests of eligible donees in the state. The minutes of the meeting shall be used to report on the donation program to the groups concerned, and the board shall solicit expressions of need and interest from eligible donees so that the SASP and General Services Administration may be advised of such requirements, including requirements for special items of property.

History

Statutory/Other Authority: ORS 279 & 283
GS 1-1994, f. & cert. ef. 11-1-94
GS 3-1984, f. 6-29-84, ef. 6-30-84

Or. Admin. R. 125-035-0060 Audit

(1) A Secretary of State’s Audit Division review shall be performed in accordance with the external audit requirements of the Office of Management and Budget Circular No. A-128 “Audits of State and Local Governments.” Two copies of this audit report made pursuant to this Circular shall be provided to the appropriate General Services Administration regional office. This review shall cover the conformance of the state agency with the state plan of operation and the requirements of 41 CFR 101-44.

(2) General Services Administration representatives may review SASP operations periodically, and may for appropriate reasons, conduct their own audit of the SASP following due notice to the Governor of the reasons for such audit. Financial records and all other books and records of the SASP shall be made available to all authorized Federal activities.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 279 & 283
GS 1-1994, f. & cert. ef. 11-1-94
GS 3-1984, f. 6-29-84, ef. 6-30-84

Or. Admin. R. 125-035-0065 Cooperative Agreements

(1) The Oregon Department of Administrative Services is authorized, pursuant to statute, to enter into cooperative agreements with the Administrator of General Services Administration for the use of property, facilities, personnel and services. Such agreements may or may not require payment or reimbursement for use by the SASP of any surplus personal property in its possession, subject to conditions imposed by the General Services Administration. It is the desire of the SASP to continue, renew, or enter into such agreements authorized under Section 203(n) of the Act, 40 USC para 471, et seq.

(2) Periodically, internal audits shall be performed on the operations and financial affairs of the SASP. External audits will meet the requirements of the Office of Management and Budget Circular A-128 “Audits of State and Local Governments.” The state and SASP will provide GSA two copies of any audit report made pursuant to the circular, or with copies of the sections pertaining to the Federal Donation Program. An outline of the necessary corrective action the SASP will take to comply with scheduled completion dates shall be submitted with the audit report. General Services Administration may conduct their own audit of the SASP following due notice to the chief executive officer of the state of the reasons for such audit. Financial records and all other books and records shall be made available by the SASP for inspection by General Services Administration, the General Accounting Office or other authorized Federal activities.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 279 & 283
GS 1-1994, f. & cert. ef. 11-1-94
GS 3-1984, f. 6-29-84, ef. 6-30-84

Or. Admin. R. 125-035-0070 Liquidation

Should a determination be made to abolish or liquidate the SASP, advance notice shall be given to General Services Administration, in accordance with the specific requirements of FPMR 101-44.202(c)(14), with the reason for abolition or liquidation; schedule of time to effect the closure; and report to General Services Administration of the Federal surplus property on hand for retransfer, destruction or sale. Physical assets shall be converted to cash, and all cash assets shall be returned to the participating donees in accordance with, and except as otherwise provided or allowed in, ORS 279.822(3). Records and accounting information shall be retained for two years after closure.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 279 & 283
GS 1-1994, f. & cert. ef. 11-1-94
GS 3-1984, f. 6-29-84, ef. 6-30-84

Or. Admin. R. 125-035-0075 Records

Copies of SF-123 allocations, warehouse property issue and invoice documents, log books, and all other official records of the SASP shall be maintained for not less than three years. Documents concerning items of Federal surplus property subject to restriction for more than two years shall be maintained for one year beyond the expiration of the restriction period. Whenever Federal surplus property is in noncompliance status, records shall be maintained for one year after the case is closed.

History

Statutory/Other Authority: ORS 279 & 283
GS 1-1994, f. & cert. ef. 11-1-94
GS 3-1984, f. 6-29-84, ef. 6-30-84

Division 40 MAIL/DELIVERY SERVICES

Or. Admin. R. 125-040-0001 Definitions

As used in this chapter unless the context requires otherwise:

(1) “Department” means the Oregon Department of Administrative Services.

(2) “Interagency Mail” means:

(a) Mail that is not legally required to bear United States Postage; and

(b) Originates from persons employed in some capacity by a state agency; and

(d) Is addressed between state offices, facilities, or agencies.

(3) “Regular Interagency Mail” includes standard letter and manila envelopes weighing up to three pounds. Interagency parcels means items deliverable between state agencies, and not exceeding 64 cubic feet and the weight not to exceed 50 pounds. For example, a 64 cubic foot box is 4 feet long by 4 feet wide by 4 feet high.

(4) “U.S. Mail” means items which carry U.S. Postal Service postage paid in full on each piece according to its class and weight category.

History

Statutory/Other Authority: ORS 283.140
Statutes/Other Implemented: ORS 283.140
DAS 1-2026, amend filed 02/25/2026, effective 03/01/2026
GS 6-1988, f. 12-1-88, cert. ef. 1-1-89

Or. Admin. R. 125-040-0005 Mail Services

(1) Customers. The Department of Administrative Services provides pick up and delivery of U.S. mail, and interagency mail and parcels for state agencies, as defined in ORS 291.002(8). These services may be extended to local governments by intergovernmental agreement. Private persons and organizations may not use interagency mail and parcel delivery services.

(2) Private mail:

(a) In compliance with U.S. Postal Service regulations, the department will not accept and deliver mail from private persons and organizations unless the mail carries cancelled U.S. Postal Service postage;

(b) Private mail that does not have cancelled U.S. postage will be stamped “Return for Postage” and sent to the United States Post Office. For example, mail delivered by a professional association for direct distribution to state agency employees will be refused without cancelled U.S. postage;

(c) Items submitted for interagency mail service may be opened and inspected except for sealed letters. The department reserves the right to refuse any item submitted to the state mail system. Items which may be refused include hazardous toxins, biomedical material, disease germs, explosives, personal mail, negotiable instruments such as bonds, cash, bank deposits or bearer instruments, and mail generated by private organizations without indication of cancelled U.S. postage;

(d) Notice of the department’s interagency mail practices will be posted in state mail rooms and pick up and delivery points. Posters are available from the Department of Administrative Services, Enterprise Goods and Services Division, Publishing & Distribution, 550 Airport Road S.E. Ste A, Salem, OR 97301-6084. Telephone 503-373-1700.

History

Statutory/Other Authority: ORS 283.140
Statutes/Other Implemented: ORS 283.140 & ORS 291.002(8)
DAS 4-2025, minor correction filed 12/17/2025, effective 12/17/2025
GS 6-1988, f. 12-1-88, cert. ef. 1-1-89

Or. Admin. R. 125-040-0010 Delivery Disclaimer

The department is not responsible for timely delivery of time critical mail. Mail senders assume all risk of delay, loss or destruction of mail submitted to the state mail system.

History

Statutory/Other Authority: ORS 283
GS 6-1988, f. 12-1-88, cert. ef. 1-1-89

Division 45 DISPOSITION AND ACQUISITION OF REAL PROPERTY INTERESTS

Or. Admin. R. 125-045-0200 Purpose

These rules establish the process for agencies to acquire and to sell, transfer, exchange or otherwise dispose of interests in real property. These rules also establish procedures for the operation of the Public Lands Advisory Committee (PLAC).

History

Statutory/Other Authority: ORS 270.015
Statutes/Other Implemented: ORS 270.005 – 270.190
DAS 4-2026, amend filed 08/20/2026, effective 09/01/2026
DAS 1-2020, amend filed 03/03/2020, effective 03/03/2020
DAS 1-2016, f. & cert ef. 1-7-16
DAS 4-2006, f. 5-12-06, cert. ef. 6-1-06

Or. Admin. R. 125-045-0205 Definitions

In addition to the definitions in ORS 270.005 the following definitions apply to the rules in this Division 045:

(1) "Acquisition" means obtaining rights of ownership in a Real Property Interest by an Agency through purchase, exchange, conveyance or other transfer of that Real Property Interest.

(2) "Agency" means any board, commission, department or Agency of the State of Oregon, whose costs are paid from funds held in the State Treasury and that are authorized to acquire or dispose of Real Property Interests.

(3) "Appraisal" means a written report by a licensed real estate appraiser estimating the fair market value of a Real Property Interest.

(4) “Clearinghouse” means the process through which the Department, or an Agency the Department specifically designates, provides notice to State Agencies and certain other entities about proposed Acquisition and Terminal Disposition of Real Property Interests as required by ORS 270.100.

(5) “Interagency Transaction” means the transaction of a Real Property Interest exclusively between and among Agencies.

(6) "Real Property Interest" means any legal or equitable interest in land, or an option to acquire, or a leasehold interest with a term, including options to renew or extension provisions that contemplate a total period of occupancy of more than 20 years, together with all Improvements. For the purposes of these rules, a Real Property Interest:

(a) May include, but is not limited to, the surface estate, water or irrigation rights, and development rights.

(b) Does not include: A lease for office quarters as defined in ORS 276.420, regardless of the term; an easement, unless the easement has a fair market value of $100,000 or more; Mineral or geothermal resources as defined in ORS 273.775, the sale or other disposition of which is governed by ORS 273.775 to 273.790 or other provisions of law governing these resources; or an option to acquire any Real Property Interest if the option payment(s) total less than $100,000.

(7) "State Real Property Interest" means any Real Property Interest that is owned in the name of the State of Oregon.

(8) "Terminal Disposition" means the alienation of a State Real Property Interest through a sale, exchange, conveyance, donation, lease or other transfer of that interest. This does not include transfer of a nominal portion of state real property to a political subdivision to extend an existing public right of way.

(9) “Transacting Agency” means the Agency initiating action to acquire or dispose of a Real Property Interest.

History

Statutory/Other Authority: ORS 270.015
Statutes/Other Implemented: ORS 270.005 – 270.190
DAS 4-2026, amend filed 08/20/2026, effective 09/01/2026
DAS 1-2020, amend filed 03/03/2020, effective 03/03/2020
DAS 1-2016, f. & cert ef. 1-7-16
DAS 8-2009, f. & cert. ef. 7-21-09
DAS 4-2006, f. 5-12-06, cert. ef. 6-1-06

Or. Admin. R. 125-045-0215 Appraisal and Determination of Value of Real Property Interests

(1) Except when the transaction is an Interagency Transaction, or a transaction with the United States Government, the Transacting Agency must determine the value of a Real Property Interest via Appraisal.

(2) If the Real Property Interest has an estimated fair market value of less than $100,000, a written statement of real estate value from a licensed real estate professional following inspection of the subject property and recent listings and sales near the subject property may substitute for an Appraisal to determine fair market value.

History

Statutory/Other Authority: ORS 270.015
Statutes/Other Implemented: ORS 270.005 – 270.190
DAS 4-2026, amend filed 08/20/2026, effective 09/01/2026
DAS 1-2022, amend filed 02/28/2022, effective 03/01/2022
DAS 1-2020, amend filed 03/03/2020, effective 03/03/2020
DAS 10-2009, f. & cert. ef. 11-19-09
DAS 4-2006, f. 5-12-06, cert. ef. 6-1-06

Or. Admin. R. 125-045-0216 Department Approval

(1) Agencies that require approval of the Terminal Disposition of a State Real Property Interest under ORS 270.100(6) but are not required to seek review by the Public Lands Advisory Committee must submit a memo describing the transaction to the Department when requesting approval.

(2) Any Terminal Disposition of a State Real Property Interest for less than 90% of the fair market value, or any Acquisition of a Real Property Interest for more than 110% of the fair market value, must be approved by the Department. Transacting Agency must submit a memo explaining and justifying the variance from fair market value when requesting approval. The Department will approve an agency’s reason for selling a parcel below 90% of fair market value when the disposition will facilitate or support housing production, or when other significant public benefits outweigh the benefit of obtaining fair market value. Significant public benefits may include increasing housing supply or affordability, reducing development costs or barriers to development, enabling development that would otherwise be financially infeasible, advancing the timely development of underutilized public land, supporting community development or infrastructure necessary for housing, or furthering other state or local housing objectives.

History

Statutory/Other Authority: ORS 270.015
Statutes/Other Implemented: ORS 270.100(6) & 270.100(8)
DAS 4-2026, amend filed 08/20/2026, effective 09/01/2026
DAS 1-2020, adopt filed 03/03/2020, effective 03/03/2020

Or. Admin. R. 125-045-0223 Clearinghouse Process for Terminal Disposition

(1) When engaging in a transaction subject to ORS 270.100(2), the Transacting Agency must notify the Department by completing the form provided by the Department.

(2) The Transacting Agency must determine fair market value for the State Real Property Interest before starting the Clearinghouse process.

(3) The Department shall provide Clearinghouse notice to Agencies, and the appropriate political subdivisions, Indian Tribes, and Regional Solutions Center office. The Department shall share the notice with state agencies that administer mailing lists for entities that may be eligible under the order of priority.

(4) The Transacting Agency shall provide Clearinghouse notice to any lessee of the land, adjacent property owners, and shall give Clearinghouse notice in the manner set forth in ORS 270.130.

(5) Clearinghouse notices shall include access to information explaining the Clearinghouse process, the order of priority under ORS 270.100(2), and how eligible entities may indicate their interest in acquiring the State Real Property Interest.

(6) Entities partnering to acquire a State Real Property Interest may designate the order of priority of any of the participating entities if the selected entity will hold an equity interest in the property at the time of closing.

(7) Where an order of priority requires a commitment that an entity develop a particular use on the State Real Property Interest, that use must occupy at least 50% of the net developable area of the State Real Property Interest.

(8) The Department and Transacting Agency shall provide 30 calendar days from the date of the notice for eligible entities to provide written notice if they have an interest in acquiring the subject property. A longer or shorter notice period may be provided after discussion with Transacting Agency.

(9) The Department shall forward responses to the Transacting Agency at the end of the notice period. The Transacting Agency shall collect all responses to the Clearinghouse notices and sort them in the order of priority designated by the entity in their response.

(10) If the Transacting Agency determines that an entity submitted a response in an order of priority that the response did not qualify for the agency shall hold the response until after the review of all other orders of priority but before responses that were not within an order of priority.

(11) A Transacting Agency receiving a response to a clearinghouse notice under ORS 270.100(2) from an Indian Tribe may negotiate under the provisions of ORS 270.030 when negotiating with the order of priority identified in the Indian Tribe’s response.

(12) If multiple responses qualify within the same order of priority the Transacting Agency shall negotiate with all entities within that order of priority at the same time.

(13) If Transacting Agency does not reach preliminary agreement on a transaction within 30 calendar days of the start of negotiations for an order of priority the Transacting Agency shall end negotiation on proposals in that order of priority and start negotiation with entities that submitted proposals in the next order of priority. To continue negotiations beyond 30 days the Transacting Agency and entity must at least agree:

(a) Buyer name

(b) Property description

(d) Deposit

(e) Due diligence timeline including closing date

(14) If the Transacting Agency cannot agree to a contract based on the preliminary agreement, the Transacting Agency shall resume negotiations with other entities within the order of priority that were not eliminated and then continue negotiations in the next order of priority.

(15) When Transacting Agency agrees to a contract with an entity, the Transacting Agency shall notify all other entities that submitted responses that the clearinghouse process has ended.

(16) Transacting Agency may resume negotiations with any entity that failed to reach a preliminary agreement with the 30 calendar day negotiating period after a 30 calendar day negotiating period has been offered to all entities that submitted responses in all order of priority levels and before starting negotiations with entities that submitted responses that did not qualify under any order of priority.

(17) If the Transacting Agency agrees to a Terminal Disposition of a State Real Property Interest with an entity that qualified on the order of priority due to a commitment that they develop a particular use on the State Real Property Interest the Transacting Agency shall record a use restriction on the State Real Property Interest requiring that the property be used for that purpose.

History

Statutory/Other Authority: ORS 270.015 & 270.100(4)
Statutes/Other Implemented: ORS 270.100
DAS 4-2026, adopt filed 08/20/2026, effective 09/01/2026

Or. Admin. R. 125-045-0224 Clearinghouse Process for Acquisition

(1) When engaging in a transaction subject to ORS 270.100(5), the Transacting Agency must notify the Department by completing the form provided by the Department.

(2) In addition to Agencies, the Department may provide Clearinghouse notice of intended Acquisitions to the appropriate political subdivisions, Indian Tribes, and Regional Solutions Center office, either at Transacting Agency request or Department’s discretion.

(3) The Department will provide 30 calendar days from the date of the Department’s notice for entities to provide notice if they have a suitable property. Department may provide a longer or shorter notice period after discussion with the Transacting Agency.

(4) The Department will collect responses from Agencies and other parties and forward them to the Transacting Agency at the end of the notice period.

History

Statutory/Other Authority: ORS 270.015
Statutes/Other Implemented: ORS 270.100(5)
DAS 4-2026, adopt filed 08/20/2026, effective 09/01/2026

Or. Admin. R. 125-045-0226 Futile Act Determination

The Department may dispense with Clearinghouse notice to Agencies and other entities under ORS 270.100(2) or ORS 270.100(5) if the Department adopts written findings that notice to Agencies and other entities would be a futile act. Reasons include but are not limited to:

(1) If the transaction is an Acquisition, it is unlikely that any other property would meet the Transacting Agency’s needs. For example, the Agency requires additional land at the end of a runway, so only one parcel meets the need;

(2) If the transaction is a disposition, the State Real Property Interest is only being sold because a person or entity has enacted a pre-existing contractual right to acquire the State Real Property Interest;

(3) If the transaction is a disposition, the value of the State Real Property Interest is less than $5,000;

(4) The transaction is between two Agencies; or

(5) The transaction was directed by the Oregon Legislature.

History

Statutory/Other Authority: ORS 270.015 & 270.100(4)
Statutes/Other Implemented: ORS 270.100
DAS 4-2026, adopt filed 08/20/2026, effective 09/01/2026

Or. Admin. R. 125-045-0250 Public Lands Advisory Committee

(1) The advisory committee established under ORS 270.120 is named the Public Lands Advisory Committee (PLAC). Members shall select a Chair to schedule and lead meetings.

(2) The PLAC meets quarterly or as often as the Chair determines.

(3) PLAC regular meetings are held in Salem. The Department, unless otherwise arranged by PLAC, will determine the meeting location. The Department will:

(a) Schedule and announce meeting dates and times;

(b) Prepare and distribute meeting agendas;

(d) Review and edit Agency material prior to meetings;

(e) Coordinate with Agencies in response to information requests from PLAC; and

(f) Prepare and distribute meeting minutes.

(4) PLAC members may attend meetings via teleconference, videoconference, or other available technology.

(5) PLAC meetings will include an opportunity for public comment on any matter before the PLAC.

(6) The PLAC is advisory to the Department and is not a governing body as defined in ORS 192.610. Meetings of the PLAC are treated as public meetings and follow the notification and other procedures described in the Attorneys General Public Records and Meetings Manual.

History

Statutory/Other Authority: ORS 270.120(3)
Statutes/Other Implemented: ORS 270.120
DAS 4-2026, amend filed 08/20/2026, effective 09/01/2026
DAS 1-2020, amend filed 03/03/2020, effective 03/03/2020
DAS 4-2006, f. 5-12-06, cert. ef. 6-1-06

Or. Admin. R. 125-045-0260 Procedure for PLAC Review

(1) The Transacting Agency must provide to the Department key information on each transaction to be reviewed by the PLAC, including:

(a) A brief summary of the proposed transaction;

(b) The reason for the PLAC review, including a request for Department approval of the Acquisition or Terminal Disposition of a State Real Property Interest under the relevant statute;

(d) Any supporting documents, maps or photos.

(2) The Department will forward written material for PLAC review to the PLAC members at least two weeks in advance of a scheduled PLAC meeting unless the Chair agrees to a late addition to the agenda.

(3) The Transacting Agency or the Department, as appropriate, will present the transaction or report to the PLAC. Following each presentation, the PLAC may ask questions and discuss issues with other PLAC members, Agency and Department representatives, and other experts or advisers as needed.

(4) At the end of discussion, the PLAC Chair will ask members for advice or recommendations. The PLAC may:

(a) Request additional information from the Department or Transacting Agency and postpone recommendation or comment; or

(b) Make recommendation or comment on the proposed transaction or agenda item.

(5) Follow-up responses from the Transacting Agency or Department may be submitted and discussed via email or other available technology, so long as the Department is included on all such discussions, and these discussions are retained electronically as public records of the PLAC.

(6) The PLAC will not make a recommendation on a transaction or other documents reviewed without a majority of its members present or otherwise participating in the recommendation. If a regularly scheduled and noticed meeting does not have a majority of the members present, those present will be considered to be a subcommittee of the PLAC. The subcommittee will report its findings and recommendations to the next scheduled PLAC meeting or to the entirety of the PLAC for review via email or other available technology so recommendations may be made in a timely manner. The Department will be included on all discussions via email or other technology, and these discussions will be retained electronically as public records of the PLAC.

(7) The PLAC may hold meetings or portions of meetings in non-public Executive Session to discuss specific, confidential deal points and negotiation strategies for particular property transactions.

(8) The Department will prepare draft meeting minutes after every PLAC meeting and distribute them to PLAC members for review and approval at the beginning of the next scheduled PLAC meeting.

(9) The Department will review the recommendations or comments from the PLAC and notify the Transacting Agency of its decision regarding the transaction.

History

Statutory/Other Authority: ORS 270.120(3)
Statutes/Other Implemented: ORS 270.120
DAS 4-2026, amend filed 08/20/2026, effective 09/01/2026
DAS 1-2020, amend filed 03/03/2020, effective 03/03/2020
DAS 4-2006, f. 5-12-06, cert. ef. 6-1-06

Or. Admin. R. 125-045-0265 State Land Inventory

(1) The inventory of state-owned real property created by ORS 270.180 is named the State Land Inventory System (SLIS).

(2) Agencies shall support DAS in maintaining a current inventory of State Real Property Interests by providing updates for the State Land Inventory System when the use of state real property changes.

(3) The biannual submission required under 270.180(2) may be met by an Agency updating the Department as and when changes are made to their surplus real property holdings.

History

Statutory/Other Authority: ORS 270.015
Statutes/Other Implemented: ORS 270.180
DAS 4-2026, amend filed 08/20/2026, effective 09/01/2026
DAS 1-2020, amend filed 03/03/2020, effective 03/03/2020
DAS 4-2006, f. 5-12-06, cert. ef. 6-1-06

Division 50 STATE SURPLUS PROPERTY

Or. Admin. R. 125-050-0100 State Surplus Property Definitions

In addition to the definitions contained in ORS 279A.250 and OAR 125-246-0110, the following definitions apply to these Rules on State Surplus Property:

(1) "Bid" means a competitive Offer to purchase advertised Surplus Property at a price specified by the bidder.

(2) "Cash" includes U.S. currency, cashier's checks, certified checks, traveler's checks, money orders made payable to the State of Oregon, or approved credit cards.

(3) "Direct Labor" includes all Work required for preparation, production, processing and packing, but does not include supervision, administration, inspection and shipping.

(4) "Employee's Household" means all persons residing with employee.

(5) "Employee's Immediate Family" means the children, step-children, parents, step-parents, grandparents and spouse of employee, separately or in any combination thereof.

(6) "Invitation to Bid" means a competitive Offer to bid on Surplus Property available for public sale and is also known as a bid advertisement.

(7) "Not-for-profit organization" is defined in ORS 279A.250(2) and means a nonprofit corporation as defined in ORS 307.130.

(8) "Photographic Identification" means a document that shows the bearer's current name, address, and photographic portrait.

(9) "Political Subdivision" includes divisions or units of Oregon local government having separate autonomy such as Oregon counties, cities, municipalities or other public corporate entities having local governing authority.

(10) "Private Not-for-Profit Agencies" means those Agencies meeting the criteria specified in the Oregon Administrative Rules.

(11) "Property" is defined in ORS 279A.250(3) and means personal property.

(12) "State agency" is defined in ORS 279A.250(4) and means every state officer, board, commission, department, institution, branch or agency of state government whose costs are paid wholly or in part from funds held in the State Treasury, and includes the Legislative Assembly and the courts, including the officers and committees of both, and the Secretary of State and the State Treasurer in the performance of the duties of their constitutional offices.

(13) "Surplus Property" means all personal property, vehicles and titled equipment property received by the Department as surplus from federal government units, state agencies, local governments, and special government bodies for sale to state agencies, political subdivisions of the State, and private not-for-profit organizations or the general public or any combination thereof.

History

Statutory/Other Authority: ORS 283.060, 279A.065(5)(a) & 279A.070
Statutes/Other Implemented: ORS 279A.250
Renumbered from 125-246-0700, DAS 2-2008, f. 2-27-08, cert. ef. 2-29-08
DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05

Or. Admin. R. 125-050-0200 Disposition and Accounting of State Owned Property

State Agencies shall follow Oregon Accounting Manual Policy 15.55.00.PO or other state policy when removing, transferring, recycling, scrapping or otherwise disposing of Property in their possession that was purchased with state funds.

History

Statutory/Other Authority: ORS 279A.260(f) & 279A.070
Statutes/Other Implemented: ORS 279A.260
DAS 2-2008, f. 2-27-08, cert. ef. 2-29-08

Or. Admin. R. 125-050-0300 Eligibility of State Agencies, Political Subdivisions and Non-Profit Organizations

Prior to offering Surplus Property for public sale, the State Surplus Property Program must make Surplus Property available to the following:

(1) State Agencies;

(2) Political subdivisions of the State; and

(3) Any non-profit organization qualified to acquire federal donation property pursuant to OAR 125-035-0045 or determined by the Department to be eligible under criteria established by the Department.

History

Statutory/Other Authority: ORS 283.060, 279A.065(5)(a) & 279A.070
Statutes/Other Implemented: ORS 279A.260
Renumbered from 125-246-0710, DAS 2-2008, f. 2-27-08, cert. ef. 2-29-08
DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05

Or. Admin. R. 125-050-0310 State Surplus Property Acquisition

(1) Recipients of state Surplus Property must have funds available at the time property is acquired, and pay all costs and charges incidental to the acquisition within thirty (30) calendar Days from the date of invoice. Invoices outstanding in excess of ninety (90) Days may result in suspension of purchasing privileges until such invoices have been paid in full.

(2) Surplus state property must be available for warehouse floor sale or direct transfer to state Agencies, political subdivisions and qualified non-profit organizations prior to public sale. Non-qualifying private entities and private citizens, separately or combined, must not be eligible to acquire surplus state property except at public sales.

(3) State Surplus Property acquired by state agencies, political subdivisions, or qualified not-for-profit organizations through warehouse floor sales or direct transfers must be used only in the conduct of their official public programs. State Surplus Property must not be acquired through warehouse floor sales or direct transfer for any use or purpose other than conduct of their official public programs, and not for resale or distribution unless otherwise pre-approved by the Department.

History

Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070
Statutes/Other Implemented: ORS 279A.260 & 279A.280
Renumbered from 125-246-0720, DAS 2-2008, f. 2-27-08, cert. ef. 2-29-08
DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05

Or. Admin. R. 125-050-0400 Public Sales for Disposal of State Surplus Personal Property

(1) Conduct. The Department must conduct public sales for the disposal of state Surplus Property. Methods of disposal may include, but not be limited to: internet auctions, oral auctions, sealed bid sales and fixed price retail sales, separately or in any combination thereof.

(2) Eligibility. Members of the general public may participate as buyers at public sales. No employee whether full-time, part-time, temporary or unpaid volunteer, of the Department, member of the employee's household, the employee's immediate family, or any person acting on the employee's behalf may participate in public sales if the employee has had any role in declaring the item surplus, processing the item or related paperwork, or offering it for sale. No employee of the Property Distribution Center's programs, or members of the employee's immediate family, or any person acting on the employee's behalf, may purchase items offered through any public sales regardless of whether such employee had a role in declaring the item surplus, in processing the item, or in offering it for sale.

(3) Public Sales:

(a) Auctions: The Department may offer Surplus Property for public sale through an Internet auction provider, by public outcry auctions and by sealed bid auctions.

(A) Internet Auctions:

(i) Public bidding terminals may be made available during posted public hours at the Department's Property Distribution Center. The public may inspect Property offered for sale at the time and place specified in the public Invitation to Bid;

(ii) The Department reserves the right to reject any and all bids regarded as not in the best interests of the State;

(iii) All items must be sold to the highest bidder.

(B) Public Outcry and Sealed Bid Auctions:

(i) The Department must advertise the date, time and location of public auction or sealed bid sales. A public Invitation to Bid must be available at the Property Distribution Center or auction site one week before an auction or sealed bid sale. The public may inspect property offered for sale at the time and place specified in the public Invitation to Bid;

(ii) The Department reserves the right to reject any and all bids regarded as not in the best interests of the State;

(iii) All items must be sold to the highest bidder;

(i) Except as set forth in paragraph (v)(I) and (v)(II) of this section (3), all Property must be offered "As-Is” and “Where-Is" with no warranty or other guarantee as to its condition or fitness for any use or purpose;

(ii) Items purchased that were originally offered as “Working Condition Unknown” shall not be refunded except as described in paragraph (v)(I) and (v)(II) of this section.

(iii) Terms and conditions of the sale must be made a part of the Internet posting or auction advertisement. By bidding, a potential purchaser is confirming their acceptance of the terms and conditions as set forth and published in the posting.

(iv) A purchaser or disappointed bidder must have no recourse against the Department, Agency or any of their respective officers, employees or agents.

(v) Except as as set forth in (I) and (II) of this section, all sales must be final.

(I) The Department may offer to warranty items as to the accuracy of the item description as stated in the bid offering. The Department Surplus Property Manager may grant dispensation from completing the transaction before payment is made or offer full or partial refund if payment has been received. Any dispensation or refunds granted shall be at the sole discretion of the Department Surplus Property Manager.

(II) The Department may establish a return or refund policy for items where the buyer does not wish to retain or pick up items which have been fully paid for. The Department may establish a re-stocking fee equal to a percentage of the original purchase price of the item and/or a flat fee. Fees and limits will be set by the Department Surplus Property Manager, published in Department Surplus Property Program policy, published on the program’s Website and shall be determined in correlation with sales expenses.

(b) Fixed Price Public Sales: The Department may establish sales of personal property directly to the public at a fixed price. Every effort must be made to ensure direct sales are fair and equitable.

(4) Payment:

(a) For Internet Auctions, full payment must be made within the time specified in the public Invitation to Bid or otherwise established in program policy.

(b) For Public Outcry and Sealed Bid Auctions, the time limit for making full payment, and the place where payment must be made will be specified in the Invitation to Bid;

(c) The Department reserves the right, in its absolute discretion, to refuse any tender of payment by personal check and, further, the right to require that payment be made by designated credit cards, cash, cashier's check, bank wire transfer or money order;

(d) The Department reserves the right to collect and retain the name, address and phone number of the buyer as a condition for completion of the sales transaction. The Department may require the buyer to sign the bill of sale as acceptance of the terms and conditions for the sale as set forth in the bid offering and published policies. The Department shall not sell or otherwise disperse sale information beyond fulfillment of a duly submitted public records request under ORS 192. All record of sales, including the buyer’s name, address and phone number shall be secured and destroyed according to established record retention guidelines and policies.

(5) Claiming Items Purchased:

(a) Items not paid in full by the time specified in the sales terms and conditions must be canceled;

(b) Property paid for, but not claimed within the time specified in the sales terms and conditions shall be considered abandoned and ownership shall default to the State unless prior written approval is obtained by the purchaser is obtained from the Department;

(c) Title to Property sold must be transferred to the purchaser when full and final payment is made, unless otherwise specified by the Department. For vehicles, receipt of payment of the sale price and delivery of key to the purchaser constitutes delivery and possession. Titles to vehicles must be transferred upon receipt of full payment. The Department rejects any liability once a purchaser takes possession of a vehicle;

(d) Motor Vehicles Division trip permits are required to drive unlicensed motor vehicles within the state of Oregon and must be available at the Property Distribution Center. A purchaser of a vehicle must certify that the driver of the vehicle has a valid driver's license and is insured as required by Oregon law before a trip permit can be issued. A representative of the program shall explain the requirements for trip permits and facilitate the purchasing of a trip permit to all vehicle purchasers. Should the vehicle purchaser refuse, the Department may require the purchaser sign a waiver documenting the offer and refusal.

(6) Failure to Comply. The Department may establish criteria to debar participants from auctions and other state sales pursuant to this Rule. Such criteria must be based on:

(a) Conviction of fraud;

(b) Unsatisfactory Internet auction service ratings;

(d) Other documented activities determined by the Department to warrant debarment. Based upon these criteria, the Department may debar participants from auctions and participation in other state sales.

(d) The Department may, at its sole discretion, reinstate disbarred participants. The Department may charge a reinstatement fee to recover revenues lost due to the disbarred participant’s prior actions.

History

Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070
Statutes/Other Implemented: ORS 279A.280
Renumbered from 125-246-0730, DAS 2-2008, f. 2-27-08, cert. ef. 2-29-08
DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05

Division 55 STATE PURCHASING

Or. Admin. R. 125-055-0005 Definitions

As used in OAR 125-055-0005 to 125-055-0045:

(1) "Agency" means a public agency, as defined in ORS 279.835(5).

(2) “Community Rehabilitation Program” (CRP) means a nonprofit organization for Individuals with Disabilities providing or facilitating one or more of the following services to Individuals with Disabilities, enabling them to maximize their opportunities for employment:

(a) Medical, psychiatric, psychological, social, and vocational services;

(b) Physical, occupational and recreational therapy;

(d) Assessment for determining eligibility and vocational rehabilitation needs;

(e) Job development, placement, and retention services;

(f) Psychosocial rehabilitation services;

(g) Supported employment services;

(h) Services to family members, if necessary, to enable the applicant or eligible individual to achieve an employment outcome; and

(i) Personal assistance services.

(3) "Competitive Employment" means work performed by an individual in the competitive labor market on a full-time basis with no more than reasonable accommodation (as required by the Americans with Disabilities Act, 42 USC §§12101 to 12213) for which the individual is compensated within the range of customary wages and levels of benefits paid in the community for the same or similar work performed by individuals who are not disabled.

(4) “Contract” means any written obligation between an OFC and an Agency established through the Oregon Forward Program, excluding any Purchase Orders and Work Orders employing workers who will not be displaced by Purchase Order or Work Order completion, expiration, or termination. “Contract” also excludes a Purchase Order or Work Order for which an immediate replacement is not contemplated or required by the Agency. “Contract” includes:

(a) Price Agreements, which are established between an OFC and the Department to enable Agencies to purchase Oregon Forward products and services using Department approved ordering instruments.

(b) When an Oregon Forward service engagement has not been ordered under a Price Agreement between an OFC and the Department, any OFC engagement specific to an Agency established for prescribed services, between that Agency and an OFC through the Oregon Forward program.

(5) “Department” means the Oregon Department of Administrative Services.

(6) "Individual with a Disability," or “Individuals with Disabilities” as defined in ORS 279.835(4), means a person or people who experience a residual, limiting condition resulting from an injury, disease or congenital defect, which affects the person’s functional capabilities (including but not limited to mobility, communication, self-care, self-direction, work tolerance, or work skills) such that the person relies on specialized employment services to find and keep employment.

(7) "Oregon Forward Contractor (OFC)" means an organization operating as a CRP:

(a) That is organized under the laws of the United States or of this state to provide training or employment in this state for Individuals with Disabilities, and the net income of which does not inure in whole or in part to the benefit of any shareholder or other individual;

(b) That complies with any applicable occupational health and safety standard required by the laws of the United States or of this state; and

(c) That employs Individuals with Disabilities in the manufacture of products or in the provision of services for external customers, whether or not the products or services are procured under ORS 279.835 to 279.855, for not less than:

(A) 65 percent of the work hours of the OFC’s direct labor during a fiscal year that begins on or after July 1, 2019, and before June 30, 2021.

(B) 60 percent of the work hours of the OFC’s direct labor or the direct labor ratio required by the federal program established by the Javits-Wagner O’Day Act or any successor federal program, whichever is lower, during a fiscal year that begins on or after July 1, 2021. If the federal ratio established under 41 USC §8501 is amended to state a direct labor percentage that is lower than the percentage prescribed by ORS 279.835(6)(c)(C), the Department will initiate rulemaking to consider the application of ORS 279.835(6)(c)(C) to the Oregon Forward Program.

(8) "Price" means the cost to Agencies of the products and services procured through the Oregon Forward Program, as determined under OAR 125-055-0030.

(9) "Procurement List" means a listing of those OFCs currently qualified under OAR 125-055-0015 to participate in the Oregon Forward Program and includes, as required by ORS 279.850(1), a list of the products and services offered by OFCs and determined by the Department, under OAR 125-055-0020, to be suitable for purchase by Agencies.

(10) “Oregon Forward Program” means the program created by ORS 279.835 to 279.855.

History

Statutory/Other Authority: ORS 279.845(1) & 184.340
Statutes/Other Implemented: ORS 279A.025(4) & 279.835 - 279.855
DAS 6-2020, amend filed 11/30/2020, effective 12/01/2020
DAS 3-2020, temporary amend filed 09/22/2020, effective 09/22/2020 through 03/20/2021
DAS 2-2020, amend filed 03/12/2020, effective 03/12/2020
DAS 2-2019, temporary amend filed 09/26/2019, effective 09/29/2019 through 03/26/2020
DAS 3-2018, amend filed 12/14/2018, effective 01/01/2019
DAS 3-2010, f. & cert. ef. 10-8-10
DAS 8-2005, f. & cert. ef. 6-21-05
DAS 6-2004(Temp), f. & cert. ef. 12-28-04 thru 6-24-05
DAS 4-2003, f. & cert. ef. 9-8-03

Or. Admin. R. 125-055-0010 Policy

(1) As required by ORS 279.850(1), Agencies that intend to procure a product or service that is listed on the Procurement List must procure that product or service, at the Price determined by the Department, from an OFC if the product or service is of specifications appropriate to the Agency's procurement needs and is available within the time required by the Agency.

(a) Agencies must not develop specifications that inhibit or tend to discourage Public Contracting with OFC providers for the acquisition of Oregon Forward-produced products or services.

(b) Agencies must not enter into lease agreements or other agreements to purposely eliminate the possibility of that Agency entering into an agreement with anOregon Forward provider.

(2) It is the policy of the Department to assist OFCs by administering a program to:

(a) Identify contracting opportunities in the public sector for OFCs;

(b) Ensure that OFCs meet the standards set forth in the Oregon Forward Program; and

(c) Assist and facilitate Agencies in entering into contracts with OFCs for the provision of products and services thereby promoting the requirements of ORS 279.835 to 279.855.

(3) In administering the Oregon Forward Program, the Department, Agencies and OFCs must keep in mind the purpose of the law: to encourage and assist Individuals with Disabilities to achieve maximum personal independence in their communities through productive, gainful employment by assuring an expanded and constant market for Oregon Forward products and services.

(4) In promoting the policy of this section and ORS 279.850(2), the State Chief Procurement Officer (CPO) may appoint uncompensated volunteer members to serve on an advisory council to make recommendations to the CPO concerning the facilitation and administration of the Oregon Forward Program. The CPO's authority to appoint advisory council members includes the authority to remove and replace members in the CPO’s sole discretion. Meetings of the advisory council are not subject to the public meetings law (ORS 192.610 to 192.710). However, the Department will post notice of the times and places of meetings of the advisory council on a website maintained by the Department. The Department reserves the right to change the meeting time and place after the posting of the meeting notice.

History

Statutory/Other Authority: ORS 279.845(1) & 184.340
Statutes/Other Implemented: ORS 279A.025(4) & 279.835 - 279.855
DAS 6-2020, amend filed 11/30/2020, effective 12/01/2020
DAS 3-2020, temporary amend filed 09/22/2020, effective 09/22/2020 through 03/20/2021
DAS 2-2020, amend filed 03/12/2020, effective 03/12/2020
DAS 2-2019, temporary amend filed 09/26/2019, effective 09/29/2019 through 03/26/2020
DAS 3-2018, amend filed 12/14/2018, effective 01/01/2019
DAS 3-2010, f. & cert. ef. 10-8-10
DAS 8-2005, f. & cert. ef. 6-21-05
DAS 6-2004(Temp), f. & cert. ef. 12-28-04 thru 6-24-05
DAS 4-2003, f. & cert. ef. 9-8-03

Or. Admin. R. 125-055-0015 Application for Oregon Forward Qualified Nonprofit Agency Participation

(1) A CRP that seeks to participate in the Oregon Forward Program must submit a complete application to the Department on a Department-prescribed form. Exhibits submitted with the application must include:

(a) IRS 501(c)(3) letter;

(b) Articles of Incorporation;

(d) Mission Statement;

(e) A description of how the applicant is operating as a CRP; and

(f) A written plan for the applicant’s compliance with the direct labor requirement of ORS 279.835(5).

(2) The Department reserves the right to require applicants to provide additional information.

(3) If the Department determines that the applicant is qualified, it will send the applicant notice of OFC status. If the Department does not find the applicant qualified, it will reject the application and notify the applicant in writing of the criteria not satisfied.

(4) The applicant may submit a written appeal to the Department within ten (10) calendar days of the date of the rejection notice. The appeal must state the error in the Department’s decision. If the applicant does not appeal the Department’s decision, the decision is final.

(5) On appeal, if the Department determines the applicant is then qualified, it will send written notice to the applicant of OFC status. If the Department finds no error in its determination, it will provide the applicant a written notice confirming the decision. The Department’s written notice under this subsection constitutes a final order under ORS 183.484.

History

Statutory/Other Authority: 184.340 & ORS 279.845(1)
Statutes/Other Implemented: ORS 279A.025(4) & 279.835 - 279.855
DAS 6-2020, amend filed 11/30/2020, effective 12/01/2020
DAS 3-2020, temporary amend filed 09/22/2020, effective 09/22/2020 through 03/20/2021
DAS 3-2010, f. & cert. ef. 10-8-10
DAS 8-2005, f. & cert. ef. 6-21-05
DAS 6-2004(Temp), f. & cert. ef. 12-28-04 thru 6-24-05
DAS 4-2003, f. & cert. ef. 9-8-03

Or. Admin. R. 125-055-0016 OFC Status and Annual Reporting

(1) An OFC is required, during the OFC's fiscal year, to adhere to the direct labor requirement as described in OAR 125-055-0005(9)(c).

(2) All participating OFCs must submit, on a Department-prescribed form, information from their preceding fiscal year. The Department will evaluate this information to determine compliance with ORS 279.835(5).

(3) The OFC must submit its annual report to the Department within 120 calendar days after the close of the OFC's fiscal year.

(4) An OFC may request an extension in writing prior to the 120-day deadline. The request must state the reason for the extension and the anticipated date of submission.

(5) The Department will evaluate the annual report for accuracy and compliance with ORS 279.835(5). If the Department determines that the OFC meets the requirements, it will send written notice of qualification to the OFC.

(6) If the Department determines that an OFC is noncompliant with any requirements of ORS 279.835(5), the Department will issue a written notice to the OFC. The written notice will state the reasons the OFC is not compliant and provide potential remedies.

(a) An OFC receiving notice of noncompliance under this subsection must respond to the Department within thirty (30) calendar days of the date of the Department's notice. The OFC’s response must acknowledge receipt of the notice and describe a corrective action plan.

(b) If the OFC does not respond within thirty (30) calendar days from the date of the written notice, the Department will issue to the OFC written notice of the proposed termination of the OFC’s participation in the Oregon Forward Program. The Department’s written decision under this subsection constitutes a final order under ORS 183.484.

(c) The Department may require the OFC, as part of the required cure, to submit to the Department quarterly audit reports concerning the direct labor requirement of ORS 279.835(5). The Department may require the quarterly audits to be conducted and reported by a CPA in accordance with OAR 125-055-0035.

(7) If the OFC fails to achieve compliance within the time prescribed by the Department, the OFC will receive a written notice of termination.

(a) The OFC may submit a written appeal to the Department within ten (10) calendar days of the date of the termination notice. The appeal must state the OFC's grounds for appealing the decision. If the OFC does not appeal the Department's decision, the termination of the OFC’s participation in the Oregon Forward Program is final.

(b) On appeal, if the Department determines the OFC is then qualified, it will send the OFC notice of qualification. If the Department does not find the OFC qualified, it will provide the OFC a written decision that states the reasons for that determination. The Department's written decision under this subsection constitutes a final order under ORS 183.484.

(8) After any termination of an OFC's participation in the Oregon Forward Program, the OFC may not enter into or renew any contracts under the Oregon Forward Program. Termination of OFC status also constitutes sufficient grounds for an Agency to terminate any contract procured under the Oregon Forward Program. The Department will post notice of the termination of an OFC’s participation in the Oregon Forward Program on the website or other accessible online posting address administered through the Department. The OFC may re-apply no earlier than one year from the date the termination became final.

(9) Nothing in this rule may be construed as prohibiting the Department and the OFC from resorting to informal dispute resolution measures such as non-binding arbitration or mediation.

History

Statutory/Other Authority: ORS 279.845(1) & 184.340
Statutes/Other Implemented: ORS 279A.025(4) & 279.835 - 279.855
DAS 6-2020, amend filed 11/30/2020, effective 12/01/2020
DAS 3-2020, temporary amend filed 09/22/2020, effective 09/22/2020 through 03/20/2021
DAS 3-2010, f. & cert. ef. 10-8-10

Or. Admin. R. 125-055-0017 Record Keeping

(1) All participating OFCs must maintain current records for each Individual with a Disability employed by the organization. The records must contain the disability documentation source and when required, a Competitive Employment statement. A Competitive Employment statement is not required for Individuals with a Disability qualified by the Social Security Administration due to their disability.

(a) Competitive Employment Statement. The Competitive Employment statement is a Department form signed by the OFC executive and prepared by a person qualified by training and experience to evaluate the work potential, interests, aptitudes and abilities of Individuals with a Disability.

(b) Acceptable Disability Documentation Sources:

(A) A letter on United States Veterans Administration letterhead stating that the individual has been determined eligible for vocational services due to his or her disability;

(B) A letter on Social Security Administration letterhead stating the individual is eligible for benefits due to his or her disability;

(C) Documentation from the Oregon Department of Human Services (DHS) or a DHS-designated Community Developmental Disability Program that the individual has an existing disability. “Community Developmental Disability Program” means an entity that is responsible for planning and delivery of services for individuals with developmental disabilities operated by or under a contract with the DHS, Seniors and People with Disabilities Division or a local mental health authority;

(D) Documentation from the Oregon Commission for the Blind that the individual has been determined to have a disability;

(E) Documentation from a Qualified Mental Health Professional that the individual is determined to have mental illness. A “Qualified Mental Health Professional” means any person meeting the following minimum qualifications as defined in OAR 309-114-0005:

(i) Graduate degree in psychology;

(ii) Bachelor’s or graduate degree in nursing and licensed in the State of Oregon;

(iii) Graduate degree in social work or counseling;

(iv) Graduate degree in a behavioral science field;

(v) Graduate degree in recreational art, or music therapy;

(vi) Bachelor’s degree in occupational therapist and licensed by the State of Oregon; or

(vii) Bachelor’s or graduate degree in a relevant area.

(F) Documentation on the Department’s “Documentation of Disability” form signed by a medical professional. “Medical Professional” means an individual licensed by:

(i) The Oregon Medical Board;

(ii) The Oregon Board of Naturopathic Medicine;

(iii) The Oregon State Board of Nursing as a Nurse Practitioner; or

(iv) The State Board of Psychologist Examiners.

(2) To the full extent permitted by law, an OFC must make its records available for inspection by the Department, the Office of the Oregon Secretary of State and their officers and representatives.

(3) If an OFC, its officers, employees or agents, knowingly make any false, fraudulent or untrue statement or representation in any application, certification or record required or authorized to be created, maintained or submitted under OAR 125, chapter 055, the Department may invoke the procedures authorized by OAR 125-055-0016(6) and (7) to secure appropriate action, including but not limited to requiring the correction or cure of the violation or the termination of the OFC’s participation in the Oregon Forward Program. In determining the sanction, the Department may consider the magnitude, number, and impact of the false statements or representations.

History

Statutory/Other Authority: ORS 279.845(1) & 184.340
Statutes/Other Implemented: ORS 279A.025(4) & 279.835 - 279.855
DAS 6-2020, amend filed 11/30/2020, effective 12/01/2020
DAS 3-2020, temporary amend filed 09/22/2020, effective 09/22/2020 through 03/20/2021
DAS 3-2010, f. & cert. ef. 10-8-10

Or. Admin. R. 125-055-0020 Determination of Suitability of Product or Service

(1) The Department will publish and maintain a Procurement List that identifies the products and services of OFCs suitable for procurement by Agencies. No Agency or OFC may enter into or renew a contract under the Oregon Forward Program for products or services not on the Procurement List. OFC products and services determined suitable will remain listed, subject to the Department’s examination of the OFC's annual report and compliance with subsection (2).

(2) For a product or service to be suitable for addition to the Procurement List, each of the following criteria must be satisfied:

(a) OFC Status. The organization’s OFC status must be current.

(b) Ownership. An OFC must own the product or directly provide the service the OFC proposes to provide to Agencies through the Oregon Forward Program. For example, a product or service will not be suitable for procurement by Agencies where the OFC operates merely as a broker, distributor, licensor or sales agent for another person or entity in providing a product to an Agency.

(c) Tied Products. An OFC's contract to provide a service cannot obligate an Agency to buy a product tied to that service unless the product is incidental to, or consumed in, the performance of the service.

(d) No Excessive Prices. The price proposed by the OFC must not be excessive. When proposed pricing is determined by the Department to be excessive, the Department may require the OFC to demonstrate that the proposed pricing is not excessive.

(e) Purpose. The OFC must demonstrate capacity to address the policy of the law as stated in ORS 279.840. To ensure that an OFC achieves this goal, the OFC must disclose to the Department:

(A) The projected employment potential for Individuals with a Disability in connection with the proposed product or service; and

(B) That appreciable value will be added to the products or services by Individuals with a Disability. The term "appreciable value" means a measurable addition of value, or an objectively observable improvement, enhancement or change, to the final product or service. No product or service may be suitable where the process of the manufacture, assembly or production of the product or the rendition of the service contains or is affected by any procedure, device or artifice under which the work of individuals with disabilities does not contribute, in a substantial, economically meaningful manner, to the value of the product or to the performance of the service, or under which the work of Individuals with a Disability is not a logical element of the chain of production.

(f) Compensation. Individuals with a Disability must be compensated for their work at a rate of pay that is consistent with the applicable legal requirements of the state and federal governments.

(g) Subcontractor Disclosure. Direct labor performed by subcontractors in the manufacture of a product or provision of a service to an Agency must be disclosed in the OFC’s direct labor ratios reported to the Department as required by OAR 125-055-0016(1). The OFC must disclose subcontractor utilization, partnerships or planned joint ventures, including:

(A) the portion of the labor to be performed;

(B) the equipment to be used or supplied by; and

(h) Quality Standards and Delivery Schedules. The OFC must demonstrate the capability to meet the applicable specifications and to make the product or service available within the time required by the procuring Agency.

(i) Additional Information. The Department reserves the right to request additional information such as start-up costs and estimated cost recovery, market research conducted by the OFC, and physical location of business space dedicated to the product or service. The Department may conduct on-site investigations of the OFC's work sites and production processes.

(3) If the Department determines the product or service satisfies the criteria in subsection (2), it will notify the OFC of its decision. If the Department determines that the product or service does not satisfy the criteria in subsection (2), it will notify the OFC in writing of the criteria not satisfied.

(4) The OFC may appeal the decision by submitting a written appeal to the Department within ten (10) calendar days from the date of the Department’s notice. The appeal must state the OFC's grounds for appealing the decision. On appeal, if the Department determines the product or service satisfies the criteria of subsection (2), it will notify the OFC of its decision. If on appeal, the Department does not find the product or service satisfies the criteria, it will provide the OFC a written decision stating the reasons for the determination. The Department's written decision under this subsection will constitute a final order under ORS 183.484.

(5) The Department will post the suitability determination on the Department’s website and e-procurement system for thirty (30) calendar days. A person or entity who will be adversely affected by the listing in its ability to compete for public contracts for the proposed product or service may submit a written protest to the Department before the listing is effective. The protest must describe how the listing will adversely affect the person's or entity's ability to compete for public contracts for the proposed product or service and must demonstrate how the product or service fails to satisfy the criteria stated in subsection (2). The listing will become effective on the thirty-first day.

(6) If the Department receives a written protest concerning the proposed listing, the Department will consider the protest and issue a written response to the protesting party. The Department will only consider protests made in writing and received before the close of business on the thirtieth day. In considering a timely protest, the Department may request further information from the protesting party and the OFC.

(a) The Department's response to the protest will confirm, modify, or withdraw the proposed listing of the product or service. The Department will make its written determination available, by mail or by electronic means, to the protesting party and to the OFC.

(b) A protesting party or OFC who is adversely affected or aggrieved by the Department's response under this subsection may request that the Department institute contested case proceedings under ORS 183.411 to 183.470. A written request for a contested case must be received by the Department within fourteen (14) calendar days of the date of the Department’s response. The request for a contested case must describe how the requesting party is adversely affected or aggrieved by the response and how the Department erred in its decision. The Department may grant or deny the request. If the Department grants the request, the contested case will be limited to the issues raised before the Department in the protest.

(7) At any time during the suitability determination process, the Department, the OFC and protesting party may agree to informal dispute resolution measures such as non-binding arbitration or mediation in addition to the appeal procedures prescribed by subsections (4) through (6).

(8) Existing Contractor. The placement of a product or service on the Procurement List will not operate to displace a contractor under an existing contract with an Agency.

(9) Amending an Existing Suitability Determination. The OFC may submit a written request to the Department for modification of an existing suitability determination. The request must satisfy the criteria in subsection (2).

(a) If the Department determines the information provided by the OFC satisfies the criteria in subsection (2), it will record an amendment to the existing suitability determination. The Department will follow the posting requirements of subsection (5).

(b) If the Department determines the information provided by the OFC does not satisfy the criteria of subsection (2), it will send notice to the OFC. The OFC may appeal the Department’s decision under the process described in subsections (4) and (7).

History

Statutory/Other Authority: ORS 279.845(1) & 184.340
Statutes/Other Implemented: ORS 279A.025(4) & 279.835 - 279.855
DAS 6-2020, amend filed 11/30/2020, effective 12/01/2020
DAS 3-2020, temporary amend filed 09/22/2020, effective 09/22/2020 through 03/20/2021
DAS 3-2010, f. & cert. ef. 10-8-10
DAS 8-2005, f. & cert. ef. 6-21-05
DAS 6-2004(Temp), f. & cert. ef. 12-28-04 thru 6-24-05
DAS 4-2003, f. & cert. ef. 9-8-03

Or. Admin. R. 125-055-0025 Review of Suitability Determinations

(1) The Department reserves the right to review suitability determinations as changes in rules, laws, market conditions and OFC contractor performance occur. Information that was not available to the Department during the initial determination that negatively impacts the suitability of the product or service may also cause a review. The review may result in removal of the product or service from the Procurement List. An OFC may appeal a decision to remove a product or service from the Procurement List in the manner provided in OAR 125-055-0020(4).

(2) An Agency and an OFC may not alter the character or scope of the product or service so that it no longer is essentially the same product or service that was the subject of the suitability determination. In cases where such a change is sought, the Agency or the OFC must first request and receive from the Department a new or amended determination that the product or service, as changed, is suitable under OAR 125-055-0020(2). In cases where the change in specifications or amendment appears to affect the Price of a product or service as determined under OAR 125-055-0030, the Department also may conduct a new Price determination in response to the request.

History

Statutory/Other Authority: ORS 279.845(1) & 184.340
Statutes/Other Implemented: ORS 279A.025(4) & 279.835 - 279.855
DAS 6-2020, amend filed 11/30/2020, effective 12/01/2020
DAS 3-2020, temporary amend filed 09/22/2020, effective 09/22/2020 through 03/20/2021
DAS 3-2010, f. & cert. ef. 10-8-10
DAS 8-2005, f. & cert. ef. 6-21-05
DAS 6-2004(Temp), f. & cert. ef. 12-28-04 thru 6-24-05
DAS 4-2003, f. & cert. ef. 9-8-03

Or. Admin. R. 125-055-0030 Determination of Price

(1) Under ORS 279.845(1)(a), the Department will determine the Price of Oregon Forward products and services placed on the Procurement List.

(2) The Price determined by the Department will be a reasonable and adequate Price that will recover for the OFC the cost of:

(a) Raw materials;

(b) Labor;

(c) Overhead that can be allocated to the particular product or service for which the Price determination is being made, including the actual, reasonable costs of complying with the independent audit requirements of OAR 125-055-0035;

(d) Delivery costs, which include the transportation of a product to the site designated by the Agency or the transportation of workers to and from a site at which they will perform services for a customer; and

(e) An amount held in reserve for inventory and equipment replacement.

(3) The OFC must submit its proposed Price to the Department based on the volume or scope of the work and specifications acceptable to the Agency. The Department reserves the right to review and amend a Price determination in light of reductions in or additions to the number of Agencies served under a multiple agency contract.

(a) In submitting its proposed Price, the OFC must make full disclosure of known costs. The disclosure must include documentation on a form prescribed by the Department. The Department may require additional information. The disclosed costs must reflect a Price that will permit the OFC to recover the amounts prescribed in subsection (2) and ORS 279.845(1)(a).

(b) If the OFC and the Agency agree on the terms and conditions of a proposed contract and the Price for the products or services to be provided under the proposed contract, the OFC and the Agency must present the proposed contract (including the agreed Price) to the Department for review and a determination of the Price.

(4) Based on the volume or proposed scope of work and the costs disclosed by the OFC under subsection (3), the Department will determine a Price for the products or services offered under the proposed contract. Based on the disclosed costs, the Department will determine a Price to be reasonable and adequate to permit the OFC to recover the amounts prescribed in subsection (2). The Department will notify the OFC and the Agency of the Price.

(5) In determining a reasonable and adequate Price of a product or service, the Department may consider:

(a) Prices of similar products or services purchased in comparable quantities by federal agencies under the Javits-Wagner-O'Day Act, 41 USC §§ 46 to 48c;

(b) Prices of products or services of similar specifications and quantities previously purchased by Agencies from responsible contractors engaged in the business of selling similar products or services;

(c) Prices that private businesses pay for similar products or services in similar quantities of comparable scope and specifications if purchasing from a reputable vendor engaged in the business of selling similar products or services; and

(d) Prices of products or services of similar specifications and quantities purchased by Agencies from other OFCs.

(6) OFCs and Agencies may not execute or implement any contract under the Oregon Forward Program until the Department has transmitted its notice of the Price determination.

(7) Re-determination of Price. The Department may re-determine a Price at the request of an OFC, an Agency or at the discretion of the Department. Until the Department approves a new Price, the OFC must continue to provide the service or product at the existing Price. The Agency may not pay or agree to pay the OFC any amount other than the Price approved by the Department. The Department reserves the right to suspend the Price and set an interim Price. This re-determination may trigger a review of the suitability determination for the affected product or service under OAR 125-055-0025.

(a) In re-determining Price, the Department may consider the factors in subsections (2) and (3). The Department also may take into consideration changes that have taken place since the last Price determination that are pertinent to re-determining Price.

(b) Each re-determination of Price shall be based on changes in the scope of work, changes in the costs of producing the product or performing the service, or both. If the proposed re-determination is based on changes in OFC cost factors, the OFC must submit to the Department and the Agency a request for a Price change showing a breakdown of cost changes with appropriate documentation, as requested by the Department or Agency.

(c) Agencies and OFCs may not make material changes to the specifications of a contract entered into under the Oregon Forward Program unless the changes are in writing and have been submitted to the Department for a re-determination of Price.

(d) The Agency and OFC, in order to assist the Department in Price re-determinations, must submit to the Department the specific changes in the scope of work or other conditions which will be required during the contract period.

(e) The OFC must submit a Price recommendation to the Agency and the Department for review and re-determination of Price as described in subsection (3).

History

Statutory/Other Authority: ORS 279.845(1) & 184.340
Statutes/Other Implemented: ORS 279.015(1)(b) & 279.835 - 279.855
DAS 6-2020, amend filed 11/30/2020, effective 12/01/2020
DAS 3-2020, temporary amend filed 09/22/2020, effective 09/22/2020 through 03/20/2021
DAS 3-2010, f. & cert. ef. 10-8-10
DAS 8-2005, f. & cert. ef. 6-21-05
DAS 6-2004(Temp), f. & cert. ef. 12-28-04 thru 6-24-05
DAS 4-2003, f. & cert. ef. 9-8-03

Or. Admin. R. 125-055-0035 Direct Labor Audits

(1) If an OFC’s gross revenues generated under the Oregon Forward Program exceed $100,000 annually, the OFC must conduct an independent audit of direct labor to maintain qualifications and listing on the Procurement List. Independent audits must be conducted every other year as scheduled by the Department to determine compliance with ORS 279.835(5)(c). The audit must be conducted by an independent certified public accountant (CPA) in accordance with generally accepted auditing principles. The OFC must submit a letter of attestation and the compilation worksheet to the Department 120 calendar days after the close of the OFC's fiscal year. An OFC may request an extension in writing prior to the 120-day deadline. The request must state the reason for the extension and the anticipated date of submission.

(2) For purposes of subsection (3):

(a) "Direct labor" means all work required for the manufacture, preparation, processing and packing of products produced by an OFC and all work performed in rendition of services by an OFC. Direct labor does not include supervision, administration, shipping, or client-type services provided by an OFC to Individuals with a Disability served by the OFC, such as job training and therapeutic services.

(b) "Supervision" means the direction, assignment, instruction and oversight of individuals performing direct labor and inspection of work performed or products for quality assurance.

(c) "Administration" means the management activities of an OFC that include acquisition of equipment, parts, supplies and inventory, handling of the entity's payroll, personnel and accounting activities, executive decision-making and other business activities, generally of a centralized nature, that do not entail the "hands-on" production of a product or the performance of a service.

(d) "Shipping" means the transportation of a product to the site designated by the acquirer of the product or the transportation of workers to and from the site at which they will perform services for a customer.

(3) The examination and resulting audit report must be based on the following records and information:

(a) A listing of all products and services provided by the entity in the OFC's fiscal year, including those products and services procured by Agencies under the Oregon Forward Program and those procured outside the Oregon Forward Program;

(b) A list of all individuals covered by the audit scope employed by the OFC that are Individuals with a Disability who provided direct labor for the production of products or the performance of services during the fiscal year that is the subject of the audit examination, including employee name, unique employee identification number, job description and disability status;

(c) A list of all individuals covered by the audit scope employed by the OFC, whether paid or unpaid, who are not Individuals with a Disability and provided direct labor required for the production of products or the performance of services during the fiscal year that is the subject of the audit examination, including employee name, unique employee identification number and job description;

(d) A compilation of the total hours of direct labor performed by the OFC during the fiscal year;

(e) Payroll reports for all individuals covered by the audit scope employed by the OFC during the fiscal year, including employee name, work hours paid, vacation hours, sick leave hours and training hours. Hours worked must be segregated from hours paid but not worked;

(f) Time and billing records showing direct hours worked by each employee in the manufacture of goods or provision of services;

(g) The OFC must have documentation of disability on file for each employee who is claimed to be an Individual with a Disability. The acceptable forms of disability documentation are defined in OAR 125-055-0017(1)(b); and

(h) A Competitive Employment statement must be on file for each employee who is claimed to be an Individual with a Disability, except as described in OAR 125-055-0017(1).

(4) The audit report must address the following elements:

(a) A determination whether the OFC's time, billing and payroll records are sufficiently complete and reliable to demonstrate compliance with the direct labor requirement of ORS 279.835(5)(c). The records must permit segregation of direct labor hours from other hours worked and paid, and allow for the assessment of direct hours worked by employees with disabilities, as well as by employees without disabilities;

(b) If the CPA finds the records to be sufficiently complete and reliable, the CPA must test the OFC's calculations of total direct labor hours worked by employees with disabilities for the entire applicable fiscal year. Only direct labor hours worked may be included in the calculations. Vacation, sick leave, holiday, training hours and any other hours paid but not worked by the employee must be excluded from the calculation;

(A) The direct labor by Individuals with a Disability during the OFC's fiscal year satisfied the direct labor requirement under ORS 279.835(5)(c); and

(B) The hours reported as worked by Individuals with a Disability were worked by individuals whose disabilities were documented under subsection (3)(g) of this rule.

(d) A determination whether adequate actions have been taken to resolve any prior adverse audit report findings or recommendations; and

(e) The CPA that conducted the direct labor audit must sign an attestation that the OFC complied or did not comply with the direct labor requirement of ORS 279.835(5)(c) during the applicable fiscal year. If the CPA attests that the OFC did not comply with the requirement of ORS 279.835(5)(c), the report must include a concise description of the nature and extent of the noncompliance.

(5) The letter of attestation must be signed and dated by the CPA and by an officer of the OFC's board of directors.

(6) Failure to comply with the requirements of ORS 279.835(5)(c) by an OFC constitutes sufficient grounds to terminate the OFC’s participation in the Oregon Forward Program and constitutes sufficient grounds for an Agency to terminate, or to suspend performance of the work under, a contract with the OFC.

(7) The cost of the audit required by this rule is an overhead expense that the OFC may recover and which must be taken into account in determining the Price under OAR 125-055-0030.

(8) If the Department determines that an OFC is in material noncompliance with any requirement imposed on it by this rule, including the direct labor requirement of ORS 279.835(5)(c), the Department will issue to the non-complying OFC a written notice to cure the noncompliance. The written notice will state the reasons that the OFC is not in compliance and provide potential remedies.

(b) If the OFC does not submit a written response within thirty (30) calendar days from the date of the written notice or such additional time as may be permitted by the Department, the Department may issue, to the OFC, written notice of the proposed termination of participation in the OFC Program.

(c) The Department reserves the right to require an OFC to submit to the Department quarterly audit reports concerning the OFC's compliance with the direct labor requirement of ORS 279.835(5)(c). The Department may require, at its discretion, that the quarterly audits be conducted and reported by a CPA in accordance with subsection (5). If an OFC subject to this requirement satisfies the direct labor requirement in the first two consecutive quarterly audits, the Department may waive the quarterly audit requirement for that OFC.

(d) If the OFC fails to achieve compliance within the time prescribed in the Department's written notice, the Department may terminate the OFC's participation in the Oregon Forward Program. The Department will issue to the OFC a written notice of termination.

(e) After termination of OFC status, the OFC may not enter into or renew any contracts under the OFC Program. Termination of the OFC's participation in the Oregon Forward Program constitutes sufficient grounds for any Agency to terminate any contract with the OFC.

(f) One year after the effective date of termination of OFC status, a CRP may re-apply for OFC status under OAR 125-055-0015 and listing on the Procurement List under OAR 125-055-0020.

(9) If an OFC fails the direct labor requirement of ORS 279.835(5)(c), that OFC will be required to submit an independent audit report the following year. If the subsequent annual audit discloses that the OFC failed to satisfy the direct labor requirement, the Department will issue a notice of termination to the OFC.

(10) The OFC may submit a written appeal to the Department within ten (10) calendar days from the date of the notice of termination issued under subsection (8)(d). The appeal must state the OFC's grounds for appealing the decision. If the OFC does not appeal the Department's decision, termination of participation in the Oregon Forward Program is final.

(11) On appeal, if the Department determines that the OFC complied with the direct labor requirement of ORS 279.835(5)(c), it will notify the OFC of its decision. If on appeal, the Department determines that the OFC failed to comply with the direct labor requirement of ORS 279.835(5)(c), it will provide the OFC a written decision stating the reasons for the determination. The Department's written decision under this subsection constitutes a final order under ORS 183.484.

History

Statutory/Other Authority: ORS 279.845(1) & 184.340
Statutes/Other Implemented: ORS 279A.025(4) & 279.835 - 279.855
DAS 6-2020, amend filed 11/30/2020, effective 12/01/2020
DAS 3-2020, temporary amend filed 09/22/2020, effective 09/22/2020 through 03/20/2021
DAS 3-2010, f. & cert. ef. 10-8-10
DAS 8-2005, f. & cert. ef. 6-21-05
DAS 6-2004(Temp), f. & cert. ef. 12-28-04 thru 6-24-05
DAS 4-2003, f. & cert. ef. 9-8-03

Or. Admin. R. 125-055-0037 OFC Contract Termination and Successor Contractor Requirements

(1) Definitions applicable to this rule, 125-055-0037:

(a) Three categories of Oregon Forward Program services are subject to the requirements of this rule. Other Oregon Forward service categories are not affected by these requirements. The definitions of these applicable services are:

(A) “Janitorial Services” means regular and periodical activities provided as required by Contract and performed to maintain the cleanliness of a facility.

(B) “Grounds Maintenance Services” means activities necessary for the upkeep of lands for appearance, safety and to promote the healthy growth of desired plants.

(b) “Health Benefits” means medical, optical, or dental benefits, including, but not limited to, hospital and physician services, prescription drugs, and related benefits purchased by a contractor on behalf of its employees as part of those employee’s compensation for their labor.

(c) “Outgoing Contractor” means an Oregon Forward Contractor that was party to a contract for Janitorial Services, Grounds Maintenance Services or Security Services that has been terminated or expired and not renewed by either the Oregon Forward Contractor or the Public Agency.

(d) “Successor Contract” means an agreement between a Public Agency and a Service Provider for substantially the same janitorial, grounds maintenance or security services provided by an Oregon Forward Contractor through a separate terminated or expired and unrenewed agreement. The agreement will contain a provision requiring the Contractor to comply with the requirements of ORS 279.853(1) and of this rule.

(e) “Successor Contractor” means any provider under a Successor Contract.

(2) A Successor Contract shall be developed by a Public Agency when a Contract is terminated or allowed to expire for a service defined in section (1)(a) and for which the Public Agency has an ongoing need for substantially the same service.

(3) Neither a Public Agency nor Successor Contractor may resort to a name change or reorganization to evade the requirements of ORS 279.853(1) or of this rule.

(4) A Public Agency that is party to a contract or contractual relationship for a service as defined in section (1)(a) that is terminated or allowed to expire, should utilize the process described in OAR 125-055-0040(5) to evaluate potential Oregon Forward Contractor interest in providing the service needed.

(a) An Oregon Forward Contractor selected by the Public Agency as a Successor Contractor must offer employment to the Individuals with disabilities employed for 28 hours per week or more to fulfill the Contract that was terminated at the time of termination. The compensation offered to the workers must include wages and Health Benefits as favorable as, or more favorable than the wages and Health Benefits they earned from the Outgoing Contractor. The employment offer to those workers must be made in good faith.

(b) If there is not an Oregon Forward Contractor that has been deemed Suitable by DAS interested in the Successor Contract, the Public Agency shall conduct a solicitation for that service as required by applicable law. The non-Oregon Forward Contractor that would enter a Successor Contract must offer employment to all of the employees employed 28 hours per week or more to fulfill the provisions of the Contract that was terminated at the time of termination, regardless of their disability status. Supervisory and managerial personnel are excluded from this requirement. The compensation offered must include wages and Health Benefits as favorable as, or more favorable than earned by the workers from the Outgoing Contractor.

(5) The Outgoing Contractor shall cooperate with the Successor Contractor to facilitate the transition of any employees choosing to accept the Successor Contractor’s employment offer. No later than 15 business days prior to the end of the prior Contract, the Outgoing Contractor shall provide the following information in writing to the Department and the Public Agency. In the event the Contract is terminated for default or immediately for any other reason and the Outgoing Contractor cannot provide the information 15 business days prior to termination, the following information must be provided in writing as soon as possible either prior to or after the termination to the Public Agency and to the Department.

(a) A list of all workers employed to fulfill the terminating Contract during the two months prior to Contract termination. Contact information for any qualifying workers shall also be included in the submitted information. This list of employees and their contact information shall be considered confidential to the Public Agency and to the Department. This confidential worker information is not to be disclosed for any purpose and shall not be subject to public records requests. The sole purpose of this information is to facilitate the purposes of the Successor Contractor transition. Any information provided to the Public Agency, or the Department shall be destroyed after the Successor Contract is executed.

(b) The number of hours worked, and the wages paid to each worker to fulfill the Contract during the two full calendar months prior to the deadline for providing this information.

(c) The Health Benefits, including written copies of the Summary Plan Description (SPD) and the Summary of Benefits and Coverage (SBC) for all health plans offered by the contractor for any workers that may be offered employment, and their costs. Any costs of health benefits borne by the workers shall also be included in the information provided.

(d) A position or role description for each worker employed to fulfill the terminated Contract for 28 hours or more per week at time of termination.

(e) An immediately effective Contract termination by the Public Agency or the Oregon Forward Contractor for a service as defined in section (1)(a) may warrant that the Public Agency enter into a short-term Contract with a contractor to allow for the development of a Successor Contract. This short-term Contract may utilize any Oregon Forward Contractor suitable for providing the service and must end before two months have elapsed since the end of the terminated Contract, at which time the Public Agency must establish a Successor Contract using the process described in this rule.

(6) The proposed Successor Contractor shall provide the following information in writing to the Public Agency and the Department:

(a) The wages that will be offered to all workers who will fulfill the Successor Contract’s requirements.

(b) The Health Benefits and their costs, including written copies of the Summary Plan Description (SPD) and the Summary of Benefits and Coverage (SBC) for all health plans offered to affected workers, as would be offered to workers employed to fulfill the Successor Contract. The proposed Successor Contractor shall provide the timeline for when the workers will be allowed to use Health Benefits, including that portion of the health benefit, if any, that would be paid by the worker.

(7) The Public Agency will compare the wages and Health Benefits paid by the terminated Contractor for the workers as described in section four of this rule with those wages and Health Benefits offered by the proposed Successor Contractor for those workers. The Public Agency will submit the outcomes of their analysis for the Department’s review. If the Public Agency fails to provide a timely report to the Department or does not have the ability to perform that analysis, the Department will perform the analysis. The Department will provide a report to the Public Agency, the proposed Successor Contractor, and the terminated Contractor of the outcomes of the analysis. The report will not include any of the workers’ names or other identifying information. Worker information for affected workers only will be shared with the proposed Successor Contractor and the outgoing Oregon Forward Contractor. Otherwise, that report, which may be requested by submission of Public Records Request from the Department, will include:

(a) A comparison of the wages and Health Benefits provided to employees employed to fulfill the Contract that was terminated and the wages and Health Benefits that would be offered to transitioning workers by the proposed Successor Contractor.

(b) A determination of whether the proposed Successor Contractor offers wages and Health Benefits that are as favorable as, or more favorable than those offered by the Outgoing Contractor.

(8) A proposed Successor Contractor that does not offer wages and Health Benefits, as equal or better that the Outgoing Contractor as determined by this evaluation, is not allowed to enter into a Successor Contract.

(9) No later than ten business days prior to the execution of the Successor Contract, all workers that qualify for any potential offers of employment from the Successor Contractor will also be provided The Department’s evaluation of the wages and Health Benefits described in section (7) of this rule unless the Contract is terminated or expired immediately. In the case of an immediate Contract termination, those workers who qualify will be given the information as soon as possible. In no case will the potentially transitioning workers be given less than ten business days to review the analysis and decide about transferring to a new employer, subject to the Successor Contractor’s established hiring procedures.

(10) In the event the proposed Successor Contractor is unable to offer wages and Health Benefits as favorable or more favorable than those offered by the Outgoing Contractor to workers eligible for making a transfer, the Public Agency may choose another vendor utilizing the process in OAR 125-055-0040(5) to identify another Oregon Forward Contractor that able and willing to fulfill the Successor Contract. If there is not an Oregon Forward Contractor that is able or interested in the Successor Contract, the Public Agency should conduct a solicitation in accordance with applicable law.

(11) The Successor Contract shall require the Successor Contractor, for a period of 90 days after entering into the Successor Contract, to offer employment to all employees that qualify for an employment offer as described in section 4 of this rule. The Successor Contractor may subject individuals to that company’s established hiring procedures and may require the individuals to complete a probationary period to demonstrate that they meet the qualifications the Successor Contractor applies to new hires.

(12) No sooner than 90 days, and no later than 120 days after the Successor Contract is executed, the Successor Contractor must provide a report to the Department regarding the workers affected by these successor requirements. The report must include the following information:

(a) The names of all workers who were offered employment by the Successor Contractor that were employed by the Outgoing Contractor. Worker personally identifiable information may be exempt from disclosure.

(b) The employment status of each of those workers.

(c) The wages and Health Benefits provided to those workers that transitioned to the Successor Contractor at the time of the report.

(13) An Oregon Forward Contractor’s failure to comply with the requirements of this rule will result in the Department sanctioning that Oregon Forward Contractor. The sanction will only apply to the service being provided through the Contract that is transitioning from the outgoing Oregon Forward Contractor to the Successor Contractor.

(a) The Department may impose one or more of the following sanctions: prohibit the Oregon Forward Contractor from entering into any new contracts for that service for a period of one year, unless the new contract is for services already provided to a Public Agency through an existing Oregon Forward Program Contract; or prohibit amendment or extension of a contract; or prohibit the Oregon Forward Contractor from entering into any new work order contracts under a master agreement; or suspend all services under the Oregon Forward Contractor’s contracts.

(b) The Department will issue a written notification to the Oregon Forward Contractor of any sanction or status change and will note this status on the Oregon Forward Contractor’s listing for the service in the Oregon Forward Program Procurement List.

(14) An Oregon Forward Contractor may submit a written appeal to the Department within 10 days of the written suspension notification. The appeal must state the error in the Department’s decision. If the applicant does not appeal the Department’s decision, the decision is final.

(15) If the Department finds merit to the appeal, the Oregon Forward Contractor will remain on the Procurement List for the service.

History

Statutory/Other Authority: ORS 184.340 & 279.845(1)
Statutes/Other Implemented: ORS 279A.025(4), 279.835-279.855 & SB494 (2019)
DAS 5-2023, amend filed 12/29/2023, effective 01/01/2024
DAS 6-2020, amend filed 11/30/2020, effective 12/01/2020
DAS 3-2020, temporary amend filed 09/22/2020, effective 09/22/2020 through 03/20/2021
DAS 2-2020, adopt filed 03/12/2020, effective 03/12/2020
DAS 2-2019, temporary adopt filed 09/26/2019, effective 09/29/2019 through 03/26/2020

Or. Admin. R. 125-055-0040 General Provisions

(1) Contracting Authority. The Department and other Agencies must contract directly with an OFC for a Contract to qualify for the exception from the competitive procurement requirement in ORS 279A.025 for Contracts under the Oregon Forward Program. Contracts between multiple Agencies and an OFC satisfy this requirement that the Agencies must contract directly with an OFC.

(2) Contract Disputes. Contract performance issues and disputes arising out of Contracts entered into under the Oregon Forward Program, such as disputes concerning timely delivery of products or performance of services or compliance with specifications, must be resolved exclusively between the OFC and the Agency that is a party to the Contract, and will not be resolved by the Department (except where the Department is a party to the Contract with the OFC).

(3) Temporary Services for State Agencies. In each Contract for the provision of temporary services entered into by a state agency under the Oregon Forward Program, the OFC must monitor the prior and current work assignments of its employees who work under the Contract to ensure that no employee performs services for the state in excess of a total of 1,040 hours in a 12-month period. An Oregon Forward temporary service provider must obtain a written statement from the employee attesting to the total hours worked as a temporary employee for any state agency during the last 12 months. A state agency filling behind an employee on approved leave may continue beyond 1,040 hours in a 12-month period only when the temporary employee replaces a single employee on approved leave. The temporary appointment may not exceed the period of the approved leave.

(4) Competitive Public Contract Bidding by an OFC. If an OFC submits, to any Agency, a competitive bid, proposal, quote or other offer in a competitive procurement for a public Contract that is not subject to ORS 279.850(1)(c), then regardless of whether the offer was accepted, that OFC may not, at any time during the initial term of the Contract for which the OFC submitted a competitive offer, make any claim to the Agency that instituted the procurement for the Contract that the product or service that was the subject of the offer should have been subject to the requirements of the Oregon Forward Program.

(5) Selecting an Oregon Forward Provider. If only one OFC provider has been deemed suitable by DAS to provide a needed product or service, the Agency must contract with that provider. In cases where more than one Oregon Forward OFC provider has been determined suitable for an Agency’s needs, an Agency may choose one of several methods to select an Oregon Forward provider.

(a) An Agency with knowledge of an OFC’s performance, reputation or other factors, and a desire to contract with that Oregon Forward provider, may enter into a Contract with the selected OFC, subject to DAS price determination without a competitive solicitation process. Agencies are encouraged to retain successful Oregon Forward providers whenever possible to support the purpose of the program described in ORS 279.840 and to avoid disrupting employment of Individuals with Disabilities.

(b) An Agency may conduct a competitive procurement for a product or service between or among two or more OFCs under ORS 279.850(1)(c). The Agency may grant comparative evaluation points, percentages, or values in conducting the substantial equivalent of a request-for-proposals competition. Since the Price Determination is made by DAS after an OFC has been selected and after scope, specifications, terms and conditions have been negotiated between Agency and the chosen OFC, price may not be considered in the evaluation process as an OFC is not able to bind itself to any set Price due to the Price determination requirement under ORS 279.850(1) and OAR 125-055-0030(6). Evaluative factors that may be considered include:

(A) References from past or current customers;

(B) Experience fulfilling similar Contracts;

(D) Wages, health care benefits, alternative dispute resolution services, and pension or other retirement arrangements that are better, in the aggregate, than the average wages, health care benefits, alternative dispute resolution services, and pension or other retirement arrangements that private employers provide to employees performing the same or similar job duties in the relevant industry in the county in which the selected OFC will deliver the products or perform the services. The value for any criteria related to compliance with all applicable local ordinances and resolutions that govern labor standards, and wages, health care, etc., may not exceed fifteen (15) percent of the total available criteria being considered for this competitive procurement process.

(E) Quality assurance procedures, systems, communication and other written plans for fulfilling the statement of work.

(6) An Agency may, under ORS 279.850(2)(b), disqualify an OFC from entering into a Oregon Forward agreement with the Agency after providing the OFC notice and a reasonable opportunity to be heard in accordance with subsections (a) and (b) of this section.

(a) The Agency must provide the OFC written notice of a proposed disqualification. The Agency shall deliver the notice by personal service or by registered or certified mail, return receipt requested. The notice must:

(A) State that the Agency intends to disqualify or suspend the OFC under ORS 279.850;

(B) State the reasons for the proposed disqualification;

(C) Include a statement of the OFC’s right to a hearing if requested in writing within the time stated in the notice and that if the Agency does not receive the OFC's written request for a hearing within the time stated, theOFC will have waived its right to a hearing;

(D) Include a statement of the authority under which the hearing will be held;

(E) Include a reference to the particular sections of the statutes, rules, and Contract provisions involved;

(F) State the proposed disqualification period; and

(G) State that the OFC may be represented by legal counsel.

(b) Hearing. The Agency shall schedule a hearing in response to the Agency's receipt of the OFC's timely hearing request. Within a reasonable time prior to the hearing, the Agency must notify the OFC of the time and place of the hearing and provide information on the procedures, right of representation, and other rights related to the conduct of the hearing.

(c) Notice of Decision. The Agency must provide written notice of the disqualification determination to the OFC. The Agency shall deliver the notice by personal service or by registered or certified mail, return receipt requested. The notice must contain:

(A) The effective date and period of the disqualification;

(B) The grounds for the disqualification; and

(7) For the purposes of ORS 279.850, a record of “repeatedly violating” local ordinances or resolutions that govern labor standards means reliable documentation, supported by substantial evidence, that the OFC violated applicable ordinances or resolutions more than two times within the requisite period. The requisite period under this section either is: (i) within the then-current term of the OFC’s agreement with Agency; or (ii) within the previous three years.

(8) For the purposes of ORS 279.850, local ordinances or resolutions that govern labor standards means ordinances or resolutions, duly adopted by a local government body (as defined in ORS 174.116), that regulate employee working conditions. Working conditions consist of employee:

(a) Wage rates or salaries;

(b) Hours of labor, work days, leave, and workplace safety conditions;

(d) Retirement or pension benefits; and

(e) Dispute resolution procedures.

(9) An OFC must not enter into a public Contract with an Agency under the Oregon Forward Program unless the Contract complies with OAR 125-055-0005 to 125-055-0040 and the products or services that are the subject of the Contract are listed on the Procurement List. Any liabilities or expenses that may arise from the establishment of a Contract that violates this subsection will be those exclusively of the OFC and Agency.

(10) The Department reserves the right to extend any deadline or time within which an OFC or a party to any proceedings under OAR 125-055-0015 to 125-055-0040 must take any action under those rules if the affected party applies in writing for relief to the Department and demonstrates in writing that special circumstances warrant the grant of such relief. For the purpose of this subsection, special circumstances that warrant the grant of relief include emergencies that reasonably can be regarded as imposing an obstacle to theOFC's or party's ability to meet the deadline or achieve the correction of a violation of rules. Special circumstances are circumstances beyond the reasonable control of the individual or organization including, but not limited to, the illness or other incapacity of key officers of the organization seeking relief, emergency reorganizations or replacements of the corporate structure, board of directors or executive officers of the organization, acts of God and comparable practical impediments to an individual’s or organization's ability to meet a deadline or achieve the correction of a violation of rules. The grant or denial of relief under this subsection must be determined by the Department official specifically delegated that task. The Department also reserves the right to waive or to permit the correction of minor or technical violations of OAR 125-055-0015 to 125-055-0040.

History

Statutory/Other Authority: ORS 279.845(1) & 184.340
Statutes/Other Implemented: ORS 279A.025(4) & 279.835 - 279.855
DAS 6-2020, amend filed 11/30/2020, effective 12/01/2020
DAS 3-2020, temporary amend filed 09/22/2020, effective 09/22/2020 through 03/20/2021
DAS 2-2020, amend filed 03/12/2020, effective 03/12/2020
DAS 2-2019, temporary amend filed 09/26/2019, effective 09/29/2019 through 03/26/2020
DAS 3-2018, amend filed 12/14/2018, effective 01/01/2019
DAS 4-2015, f. 12-29-15, cert. ef. 1-1-16
DAS 3-2010, f. & cert. ef. 10-8-10
DAS 8-2005, f. & cert. ef. 6-21-05
DAS 6-2004(Temp), f. & cert. ef. 12-28-04 thru 6-24-05
DAS 4-2003, f. & cert. ef. 9-8-03

Or. Admin. R. 125-055-0045 Purchases under ORS 279.855

(1) OFCs, residential programs and public benefit corporations recognized by ORS 279.855 may acquire equipment, materials, supplies and services under the same conditions as state agencies that, under ORS 279A.040, are not subject to the requirement that the Department provide for their acquisition of such items. Accordingly, OFCs, residential programs and public benefit corporations must enter into an agreement with the Department in order to participate in the Oregon Cooperative Procurement Program (ORCPP). The agreement must have substantially the same form, content and obligations as the standard agreement prescribed by the Department that state agencies must execute in order to participate. In addition, OFCs, residential programs and public benefit corporations must comply with the applicable subsections of this rule to acquire equipment, materials, supplies or services under ORS 279.855.

(2) OFCs that currently are approved under OAR 125-055-0015 may purchase equipment, materials, supplies and services through the Department in the same manner as state agencies, as provided in ORS 279A.140 to 279A.155 and 279A.250 to 279A.290.

(3) A residential program seeking to purchase equipment, materials, supplies or services through the Department under ORS 279.855 must make a written request to the Department to which is attached a true and correct copy of its currently effective contract with the Department of Human Services to provide services to youth in the custody of the state. In addition, the residential program must submit a letter from the Oregon Department of Human Services, on the letterhead of that department or of a division of that department that contains the following information:

(a) The services the residential program must provide, including the scope of those services, under the currently effective contract with the Department of Human Services;

(b) The Department of Human Services contract number;

(d) The name, original signature, mailing address and telephone number of the Department of Human Services' Contract Administrator for the contract.

(4) A public benefit corporation seeking to purchase equipment, materials, supplies or services through the Department under ORS 279.855 must make a written request to the Department to which is attached:

(a) A certification by an authorized officer of the public benefit corporation that the applicant qualifies as a public benefit corporation under ORS 65.001;

(b) A true and correct copy of documentation, which may include the corporation's currently effective articles of incorporation, that demonstrates that the corporation is tax exempt under 501(c)(3) of the Internal Revenue Code and that the corporation is not a religious corporation as defined in ORS 65.001;

(c) A true and correct copy of at least one currently effective contract between the public benefit corporation and a state agency or unit of local government by which the corporation's contract performance is funded at least in part with state funds; and

(d) A letter from the state agency or unit of local government that confirms the existence and effectiveness of the contract submitted under subsection (4)(c), on the letterhead of the state agency or unit of local government, that contains the following information:

(A) The services the public benefit corporation must provide, including the scope of those services, under the contract submitted under subsection (4)(c);

(B) The contract number;

(D) The name, original signature, mailing address and telephone number of the state agency or unit of local government's Contract Administrator for the contract.

(5) Neither the Department nor the State of Oregon will be liable for any obligation or debt entered into on behalf of a OFC, a residential program or a public benefit corporation, and likewise will not be liable for any obligation or debt incurred by a OFC, a residential program or a public benefit corporation, in making purchases.

(6) Each residential program and public benefit corporation that makes any purchase of equipment, materials, supplies or services through the Department under ORS 279.855 must notify the Department in writing whenever a contract that is necessary for the organization to qualify under ORS 279.855 expires, is terminated, or is not renewed, and whenever the organization otherwise ceases to qualify under ORS 279.855 or this rule.

History

Statutory/Other Authority: ORS 279.845(1) & 184.340
Statutes/Other Implemented: ORS 279A.025(4) & 279.835 - 279.855
DAS 6-2020, amend filed 11/30/2020, effective 12/01/2020
DAS 3-2020, temporary amend filed 09/22/2020, effective 09/22/2020 through 03/20/2021
DAS 3-2010, f. & cert. ef. 10-8-10
DAS 8-2005, f. & cert. ef. 6-21-05
DAS 6-2004(Temp), f. & cert. ef. 12-28-04 thru 6-24-05
DAS 4-2003, f. & cert. ef. 9-8-03

Or. Admin. R. 125-055-0100 Purpose — HIPAA Privacy and Security Rule Implementation; HITECH Act Implementation.

(1) The purpose of these rules is to set forth the requirements that a contractor who is a Business Associate of an Agency must abide by in order to comply with the Business Associate provisions of HIPAA and the implementing Privacy Rule and Security Rule and of the HITECH Act. The Privacy Rule and Security Rule, as amended by the HITECH Act, require an Agency, to obtain certain written assurances from a Business Associate, that the Business Associate will comply with the Business Associate requirements set forth in 45 CFR 164.502(e) and 164.504(e). The Privacy Rule requires that a Covered Entity obtain certain written assurances before the Business Associate may create, receive, maintain or transmit Protected Health Information. The requirements contained in this Rule apply both to Contracts for trade services and personal services, as defined in OAR 125-246-0110.

(2) This Rule will be interpreted as broadly as necessary to implement and comply with HIPAA, the Privacy Rule and the Security Rule, and the HITECH Act. Any ambiguity in this Rule shall be resolved in favor of a meaning that complies and is consistent with HIPAA, the Privacy Rule and the Security Rule, and the HITECH Act.

History

Statutory/Other Authority: ORS 184.305, 184.340 & 279A.140
Statutes/Other Implemented: ORS 279A.140 & The Health Insurance Portability and Accountability Act of 1996, 42 USC 1320d -1320d-8, PL 104-191, sec. 262 & sec. 264
DAS 4-2013, f. 12-17-13, cert. ef. 1-1-14
DAS 4-2010, f. & cert. ef. 11-15-10
DAS 2-2010(Temp), f. & cert. ef. 7-26-10 thru 1-17-11
DAS 12-2005, f. 10-21-05, cert. ef. 10-22-05
Reverted to DAS 3-2003, f. & cert. ef. 6-27-03
DAS 5-2005(Temp), f. & cert. ef. 4-20-05 thru 10-17-05
DAS 3-2003, f. & cert. ef. 6-27-03
DAS 9-2002(Temp), f. & cert. ef. 12-31-02 thru 6-28-03

Or. Admin. R. 125-055-0105 Definitions

For purposes of rules 125-055-0100 through 125-055-0130 the following terms shall have the meanings set forth below. Capitalized terms not defined herein shall have the same meaning as those terms in the Privacy Rule and the Security Rule and the HITECH Act, including, but not limited to, 42 USC Section 17938 and 45 CFR Section 160.103.

(1) "Agency" means an agency of the State of Oregon subject to the procurement authority of DAS pursuant to ORS 279A.140 and that is:

(a) A Covered Entity; or

(b) A Business Associate of an Agency that is a Covered entity.

(2) "Business Associate" has the meaning given that term in 45 CFR 160.103.

(3) "Contract" means the written agreement between an Agency and a Contractor setting forth the rights and obligations of the parties.

(4) "Covered Entity" has the meaning given that term in 45 CFR 160.103.

(5) “Electronic Media” means:

(a) Electronic storage media; and

(b) Transmission media used to exchange information already in electronic storage media.

(6) “Electronic Protected Health Information” has the meaning given that term in 45 CFR 160.103.

(7) "HIPAA" means the Health Insurance Portability and Accountability Act of 1996, 42 USC 1320d – 1320d-8, Public Law 104-191, sec. 262 and sec. 264.

(8) “HITECH Act” means the Health Information Technology for Economic and Clinical Health (“HITECH”) Act, Title XIII of division A and Title IV of Division B of the American Recovery and Reinvestment Act of 2009 (“ARRA”), Public Law 111-5, including any implementing regulations.

(9) “Health Care Provider” means the persons or entities that furnish, bill for or are paid for Health Care in the normal course of business, as more fully defined in ORS 192.519.

(10) "Privacy Rule" means the Standards for Privacy of Individually Identifiable Health Information at 45 CFR part 160 and part 164, subparts A and E.

(11) “Protected Health Information” has the meaning given that term in 45 CFR 160.103.

(12) “Required by Law” has the meaning given that term in 45 CFR section 164.103.

(13) "Rule" means this Oregon Administrative rule 125-055-0100 through 125-055-0130.

(14) “Secretary” means the Secretary of Health and Human Services (HHS) or any other officer or employee of HHS to whom the authority involved has been delegated.

(15) “Security Rule” means the security standards for Electronic Protected Health Information found at 45 CFR Parts 160, 162, and 164.

History

Statutory/Other Authority: ORS 184.305, 184.340 & 279A.140
Statutes/Other Implemented: ORS 192.519; ORS 279A.140 & The Health Insurance Portability and Accountability Act of 1996, 42 USC 1320d -1320d-8, PL 104-191, sec. 262 & sec. 264
DAS 4-2013, f. 12-17-13, cert. ef. 1-1-14
DAS 4-2010, f. & cert. ef. 11-15-10
DAS 2-2010(Temp), f. & cert. ef. 7-26-10 thru 1-17-11
DAS 12-2005, f. 10-21-05, cert. ef. 10-22-05
Reverted to DAS 3-2003, f. & cert. ef. 6-27-03
DAS 5-2005(Temp), f. & cert. ef. 4-20-05 thru 10-17-05
DAS 3-2003, f. & cert. ef. 6-27-03
DAS 9-2002(Temp), f. & cert. ef. 12-31-02 thru 6-28-03

Or. Admin. R. 125-055-0115 Business Associate Contract Provisions

(1) A Contractor that is a Business Associate of an Agency must:

(a) Not use or disclose Protected Health Information or Electronic Protected Health Information other than as permitted or required by this Rule and the Contract, or as Required By Law.

(b) Use appropriate safeguards to prevent use or disclosure of the Protected Health Information and Electronic Protected Health Information other than as provided for by this Rule and the Contract.

(c) Mitigate, to the extent practicable, any harmful effect that is known to Business Associate of a use or disclosure of Protected Health Information or Electronic Protected Health Information by Business Associate in violation of the requirements of this Rule and the Contract.

(d) Report to Agency, as promptly as possible, any use or disclosure of the Protected Health Information or Electronic Protected Health Information not provided for by this Rule and the Contract of which it becomes aware.

(e) Ensure that any agent, including a subcontractor, to whom it provides Protected Health Information or Electronic Protected Health Information created, received, maintained or transmitted by it on behalf of Agency agrees to the same restrictions and conditions that apply through this Rule and the Contract to Business Associate with respect to such information.

(f) Provide access, at the request of Agency, and in the time and manner designated by Agency, to Protected Health Information or Electronic Protected Health Information in a Designated Record Set, to Agency or, as directed by Agency, to an Individual in order to meet the requirements under 45 CFR 164.524.

(g) Make any amendment(s) to Protected Health Information or Electronic Protected Health Information in a Designated Record Set that the Agency directs or agrees to pursuant to 45 CFR 164.526 at the request of Agency or an Individual, and in the time and manner designated by Agency.

(h) Make internal practices, books, and records, including policies and procedures relating to the use and disclosure of Protected Health Information and Electronic Protected Health Information created, received, maintained or transmitted by Business Associate on behalf of, Agency available to Agency and to the Secretary, in a time and manner designated by Agency or the Secretary, for purposes of the Secretary determining Agency's compliance with the Privacy Rule or Security Rule.

(i) Document disclosures of Protected Health Information and Electronic Protected Health Information and information related to such disclosures as would be required for Agency to respond to a request by an Individual for an accounting of disclosures of Protected Health Information and Electronic Protected Health Information in accordance with 45 CFR 164.528.

(j) Provide to Agency or an Individual, in a time and manner to be designated by Agency, information collected in accordance with subsection (i) of this section to permit Agency to respond to a request by an Individual for an accounting of disclosures of Protected Health Information and Electronic Protected Health Information in accordance with 45 CFR 164.528.

(2) A Contractor that is a Business Associate of an Agency may, except as otherwise limited or prohibited by this Rule:

(a) Use or disclose Protected Health Information and Electronic Protected Health Information to perform functions, activities, or services for, or on behalf of, Agency as specified in the Contract and this Rule, provided that such use or disclosure would not violate the Privacy Rule, Security Rule, the HITECH Act, or other applicable federal or state laws or regulations if done by Agency or the minimum necessary policies and procedures of the Agency. All other uses of Protected Health Information and Electronic Protected Health Information are prohibited.

(b) Use Protected Health Information and Electronic Protected Health Information for the proper management and administration of the Business Associate or to carry out the legal responsibilities of the Business Associate.

(c) Disclose Protected Health Information and Electronic Protected Health Information for the proper management and administration of the Business Associate, provided that disclosures are Required By Law.

(d) Disclose Protected Health Information and Electronic Protected Health Information to a subcontractor if the Business Associate enters into a business associate agreement with that subcontractor that complies with this Rule.

(e) Use Protected Health Information and Electronic Protected Health Information to report violations of law to appropriate federal and state authorities, consistent with 45 CFR 164.502(j)(1).

(3) A Contractor that is a Business Associate of an Agency may not aggregate or compile Agency's Protected Health Information or Electronic Protected Health Information with the Protected Health Information or Electronic Protected Health Information of other Covered Entities unless the Contract permits Business Associate to perform Data Aggregation services. If the Contract permits Business Associate to provide Data Aggregation services, Business Associate may use Protected Health Information to provide Data Aggregation services requested by Agency as permitted by 45 CFR 164.504(e)(2)(i)(B) and subject to any limitations contained in this Rule. If Data Aggregation services are requested by Agency, Business Associate is authorized to aggregate Agency's Protected Health Information with Protected Heath Information of other Covered Entities that the Business Associate has in its possession through its capacity as a business associate to such other Covered Entities provided that the purpose of such aggregation is to provide Agency with data analysis relating to the Health Care Operations of Agency. Under no circumstances may Business Associate disclose Protected Health Information of Agency to another Covered Entity absent the express authorization of Agency.

(4) Obligations of Agency:

(a) An Agency that has entered into a Contract with a Business Associate shall notify Business Associate of any:

(A) Limitation(s) in its notice of privacy practices of Agency in accordance with 45 CFR 164.520, to the extent that such limitation may affect Business Associate's use or disclosure of Protected Health Information and Electronic Protected Health Information. Agency may satisfy this obligation by providing Business Associate with Agency's most current Notice of Privacy Practices.

(B) Changes in, or revocation of, permission by Individual to use or disclose Protected Health Information or Electronic Protected Health Information, to the extent that such changes may affect Business Associate's use or disclosure of Protected Health Information and Electronic Protected Health Information.

(C) Restriction to the use or disclosure of Protected Health Information or Electronic Protected Health Information that Agency has agreed to in accordance with 45 CFR 164.522, to the extent that such restriction may affect Business Associate's use or disclosure of Protected Health Information or Electronic Protected Health Information.

(b) Agency shall not request Business Associate to use or disclose Protected Health Information or Electronic Protected Health Information in any manner that would not be permissible under the Privacy Rule or Security Rule if done by Agency, except as permitted by section (1)(b)(B) above.

(5) Security Requirements. A Business Associate of an Agency is subject to the Security Rule’s Business Associate requirements for Electronic Protected Health Information and must comply with both the Privacy Rule and the Security Rule requirements applicable to a Business Associate. In addition to the Privacy Rule requirements set forth in this Rule, the Contractor must:

(a) Implement administrative, physical, and technical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of the Electronic Protected Health Information that it creates, receives, maintains, or transmits on behalf of the Agency, and develop and enforce related policies, procedure, and documentation standards (including designation of a security official).

(b) Ensure that any agent, including a subcontractor, to whom it provides Electronic Protected Health Information agrees to implement reasonable and appropriate safeguards to protect it by entering into a business associate agreement; and

(6) Breach.

(a) In the event of Discovery of a Breach of Unsecured Protected Health Information a Business Associate of an Agency must:

(A) Notify the Agency of such Breach. The notification of a Breach to the Agency must be made as soon as possible and Business Associate shall confer with the Agency as soon as practicable thereafter, but in no event, shall notification to the Agency be later than 30 calendar days after the Discovery of a Breach. Notification shall include identification of each individual whose Unsecured Protected Health Information has been, or is reasonably believed by Business Associate to have been accessed, acquired or disclosed during such Breach and any other information as may be reasonably required by the Agency necessary for the Agency to meet its notification obligations;

(B) Confer with the Agency as to the preparation and issuance of an appropriate notice to each individual whose Unsecured Protected Health Information has been, or is reasonably believed by Business Associate to have been accessed, acquired or disclosed as a result of such Breach;

(C) Where the Breach involves more than 500 individuals, confer with the Agency as to the preparation and issuance of an appropriate notice to prominent media outlets within the State or as appropriate, local jurisdictions; and,

(D) Confer with the Agency as to the preparation and issuance of an appropriate notice to the Secretary of Unsecured Protected Health Information that has been acquired or disclosed in a Breach. If the Breach was with respect to 500 or more individuals, such notice to the Secretary must be provided immediately. If the Breach was with respect to less than 500 individuals, a log may be maintained of any such Breach and the log must be provided to the Secretary annually documenting such Breaches occurring during the year involved.

(b) Except as set forth in (c) below, notifications required by this section must be made without unreasonable delay and in no case later than 60 calendar days after the Discovery of a Breach. Any notice must be provided in the manner and content required by the HITECH Act, sections 13402(e) and (f), and 45 CFR 164.404–164.410.

(c) Any notification required by this section may be delayed by a law enforcement official in accordance with the HITECH Act, section 13402(g).

(d) For purposes of this section, the terms “Breach” and “Unsecured Protected Health Information” have the meaning set forth in 45 CFR 164.402. A Breach will be considered as “Discovered” in accordance with the HITECH Act, section13402(c), 45 CFR 164.404(a)(2), and 45 CFR 164.410(a)(2).

(7) Violations of this Rule.

(a) Upon Agency's knowledge of a material breach by Business Associate of the requirements of this Rule, Agency shall:

(A) Notify Business Associate of the breach and specify a reasonable opportunity in the notice for Business Associate to cure the breach or end the violation, and terminate the Contract if Business Associate does not cure the breach of the requirements of this Rule or end the violation within the time specified by Agency;

(B) Immediately terminate the Contract if Business Associate has breached a material term of this Rule and cure is not possible in Agency's reasonable judgment; or

(b) The rights and remedies provided in this Rule are in addition to the rights and remedies provided in the Contract.

(A) Except as provided in subsection (c)(B) below upon termination of the Contract, for any reason, Business Associate shall, at Agency’s option, return or destroy all Protected Health Information and Electronic Protected Health Information received from Agency, or created or received by Business Associate on behalf of Agency. This provision shall apply to Protected Health Information and Electronic Protected Health Information that is in the possession of subcontractors or agents of Business Associate. Business Associate shall retain no copies of the Protected Health Information and Electronic Protected Health Information.

(B) In the event that Business Associate determines that returning or destroying the Protected Health Information or Electronic Protected Health Information is infeasible, Business Associate shall provide to Agency notification of the conditions that make return or destruction infeasible. Upon Agency's written acknowledgement that return or destruction of Protected Health Information or Electronic Protected Health Information is infeasible, Business Associate shall extend the protections of this Rule to such Protected Health Information and Electronic Protected Health Information and limit further uses and disclosures of such Protected Health Information and Electronic Protected Health Information to those purposes that make the return or destruction infeasible, for so long as Business Associate maintains such Protected Health Information and Electronic Protected Health Information.

History

Statutory/Other Authority: ORS 184.305, 184.340 & 279A.140
Statutes/Other Implemented: ORS 279A.140 & The Health Insurance Portability and Accountability Act of 1996, 42 USC 1320d -1320d-8, PL 104-191, sec. 262 & sec. 264
DAS 4-2013, f. 12-17-13, cert. ef. 1-1-14
DAS 4-2010, f. & cert. ef. 11-15-10
DAS 2-2010(Temp), f. & cert. ef. 7-26-10 thru 1-17-11
DAS 12-2005, f. 10-21-05, cert. ef. 10-22-05
Reverted to DAS 3-2003, f. & cert. ef. 6-27-03
DAS 5-2005(Temp), f. & cert. ef. 4-20-05 thru 10-17-05
DAS 3-2003, f. & cert. ef. 6-27-03
DAS 9-2002(Temp), f. & cert. ef. 12-31-02 thru 6-28-03

Or. Admin. R. 125-055-0120 Order of Precedence

In the event of a conflict between this Rule and the provisions of the Contract, this Rule shall control. In the event of a conflict between this Rule and the Privacy Rule or the Security Rule or the HITECH Act, or the provisions of the Contract and the Privacy Rule or the Security Rule or the HITECH Act, the Privacy Rule and the Security Rule and the HITECH Act shall control. The requirements set forth in this Rule are in addition to any other provisions of law applicable to the Contract. Provided, however, this Rule shall not supercede any other federal or state law or regulation governing the legal relationship of the parties, or the confidentiality of records or information, except to the extent that HIPAA and the HITECH Act preempt those laws or regulations. Any ambiguity in the Contract shall be resolved to permit Agency and Business Associate to implement and comply with HIPAA, the HITECH Act, the Privacy Rule and the Security Rule.

History

Statutory/Other Authority: ORS 184.305, 184.340 & 279A.140
Statutes/Other Implemented: ORS 279A.140 & The Health Insurance Portability and Accountability Act of 1996, 42 USC 1320d -1320d-8, PL 104-191, sec. 262 & sec. 264
DAS 4-2013, f. 12-17-13, cert. ef. 1-1-14
DAS 4-2010, f. & cert. ef. 11-15-10
DAS 2-2010(Temp), f. & cert. ef. 7-26-10 thru 1-17-11
DAS 12-2005, f. 10-21-05, cert. ef. 10-22-05
Reverted to DAS 3-2003, f. & cert. ef. 6-27-03
DAS 5-2005(Temp), f. & cert. ef. 4-20-05 thru 10-17-05
DAS 3-2003, f. & cert. ef. 6-27-03
DAS 9-2002(Temp), f. & cert. ef. 12-31-02 thru 6-28-03

Or. Admin. R. 125-055-0125 Methods of Compliance

In addition to referencing compliance with this Rule in a Contract with a Business Associate, Agency may comply with this Rule in any of the following ways:

(1) Memorandum of Understanding. If a Business Associate is a government entity, the parties may comply with the requirements of this Rule by entering into a memorandum of understanding that accomplishes the objectives of this Rule and meets the Business Associate requirements of the Privacy Rule and the Security Rule.

(2) Amendment. Agency may comply with the requirements of this Rule by executing an amendment or rider that amends Agency's Contract and that contains the contract provisions required by this Rule.

(3) Required by Law. If a Business Associate is Required by Law to perform a function or activity on behalf of an Agency or to provide a service described in the definition of Business Associate to an Agency, such Agency may disclose Protected Health Information to the Business Associate to the extent necessary to comply with the legal mandate without meeting the requirements of this Rule, provided that the Agency attempts in good faith to obtain satisfactory assurances required by OAR 125-055-0115, and, if such attempt fails, documents the attempt and the reasons that such assurances cannot be obtained.

History

Statutory/Other Authority: ORS 184.305, 184.340 & 279A.140
Statutes/Other Implemented: ORS 279A.140 & The Health Insurance Portability and Accountability Act of 1996, 42 USC 1320d -1320d-8, PL 104-191, sec. 262 & sec. 264
DAS 4-2013, f. 12-17-13, cert. ef. 1-1-14
DAS 4-2010, f. & cert. ef. 11-15-10
DAS 2-2010(Temp), f. & cert. ef. 7-26-10 thru 1-17-11
DAS 12-2005, f. 10-21-05, cert. ef. 10-22-05
Reverted to DAS 3-2003, f. & cert. ef. 6-27-03
DAS 5-2005(Temp), f. & cert. ef. 4-20-05 thru 10-17-05
DAS 3-2003, f. & cert. ef. 6-27-03
DAS 9-2002(Temp), f. & cert. ef. 12-31-02 thru 6-28-03

Or. Admin. R. 125-055-0130 Standards in Individual Contracts

(1) Agency and Business Associate may enter into a Contract that contains more stringent standards than those set forth in this Rule as long as such standards do not violate the requirements of the Privacy Rule or the Security Rule or the HITECH Act.

(2) Agencies shall use one of the forms provided or approved by the Department of Administrative Services when entering into personal services contracts as defined in OAR 125-246-0110. For revised forms up to a cumulative value of $150,000 and before an Agency may use a revised form, it must obtain its Designated Procurement Officer’s approval of any revisions to the form’s terms and conditions. For revised forms exceeding a cumulative value of $150,000 and before an Agency may use a revised form, it must obtain Department of Justice approval of any revisions to the revised form’s terms and conditions.

History

Statutory/Other Authority: ORS 184.305, 184.340 & 279A.140
Statutes/Other Implemented: ORS 279A.140 & The Health Insurance Portability and Accountability Act of 1996, 42 USC 1320d -1320d-8, PL 104-191, sec. 262 & sec. 264
DAS 4-2013, f. 12-17-13, cert. ef. 1-1-14
DAS 4-2010, f. & cert. ef. 11-15-10
DAS 2-2010(Temp), f. & cert. ef. 7-26-10 thru 1-17-11
DAS 12-2005, f. 10-21-05, cert. ef. 10-22-05
Reverted to DAS 3-2003, f. & cert. ef. 6-27-03
DAS 5-2005(Temp), f. & cert. ef. 4-20-05 thru 10-17-05
DAS 3-2003, f. & cert. ef. 6-27-03
DAS 9-2002(Temp), f. & cert. ef. 12-31-02 thru 6-28-03

Division 60 HOUSING AND RENTALS

Or. Admin. R. 125-060-0000 State Agency Housing Provided to State Officers or Employees

(1) As required by ORS 182.415 to 182.425, every state agency that provides housing for its officers or employees shall collect a rental for such housing. An exception is allowed in cases where employment contracts, signed prior to December 1, 1977, provide for free housing, until such original contracts expire or the incumbent leaves the position; or where express statutory authority exists which provides exemptions from ORS 182.425.

(2) Definitions: As used in this rule, unless the context requires otherwise:

(a) “Furnishings” includes furniture usually used in connection with occupancy of a household but does not include rugs, draperies, range, refrigerator, washer, dryer or any item of furnishings received by the state or one of its agencies as a gift, nor does it include any furniture purchased for the state-owned residence required in relation to the official duties of an institutional executive or the Chancellor of the Department of Higher Education prior to September 9, 1971;

(b) “Housing” includes single and multiple family dwellings, apartments, and mobile homes and mobile home pads, available for tenancy on a monthly or other basis but does not include guard stations maintained by the State Forestry Department or dormitory facilities at any state institution or at any state institution of higher education;

(c) “Dormitory” includes any facility which houses students and those facilities used primarily for sleeping purposes by the employees of the Mental Health Division;

(d) “State Agency” means every state officer, board, commission, department, institution, branch or agency of the state government, whose costs are paid wholly or in part from funds held in the State Treasury, except the Legislative Assembly, the courts and their officers and committees, and except the Secretary of State and the State Treasurer in the performance of the duties of their constitutional offices;

(e) “Utilities and Services” include heat, electricity, gas, oil, telephone, water, sewer, garbage, lawn care, laundry, linens, bedding, and towels used for any state agency provided housing.

(3) Every state agency that provides housing for its officers or employees shall:

(a) Examine and periodically re-examine the fair market rental value as determined by a qualified appraiser certified under ORS 308.010, when the agency determines that market conditions have changed to require it, but not less frequently than once every five years. In determining the fair market rental value, the appraisal shall consider all market factors unique to each housing unit including the value of utilities and services if provided or paid for by the owning agency;

(b) Collect a rental for such housing based on the fair market rental value, subject to any applicable rental reductions authorized under the schedule provided in this rule;

(d) Review the net rental rate annually and make such adjustment, if any, as may be determined from changes in the local rental housing market conditions;

(e) Provide no furnishings as a part of any housing provided by the agency;

(f) Determine whether or to what extent the agency will provide utilities and services for each housing unit.

(4) Whenever a state agency provides housing to anyone of its officers or employees, it shall keep a record of these arrangements, including the bases for rental charge and rental reductions and make reports available upon request.

(5) In determining whether reductions are necessary, each state agency that provides housing for its officers or employees shall consider factors such as isolation, invasion of the officer or employee's privacy, the agency's justifiable need for having its officers or employees occupy the housing in a specific location and inequities between the fair rental value as determined under ORS182.425(1) and the salary of the officer or employee occupying the housing. The extent of rental reductions for each housing may be determined by the agency by applying the schedule of reductions provided under sections (6) to (9) of this rule, and records shall be kept which will indicate reasons or justifications for any rental reductions applied.

(6) Reduction for the state agency need to have its officers or employees occupy such housing at such locations as it exists may not be more than 50 percent of the fair rental value, and the specific amount by which the rent is to be reduced shall be determined by the state agency providing such housing by applying the following standards:

(a) Residence in such housing is a part of the job requirement as evidenced by contract or position description, and not offered as an incentive or a fringe benefit to the resident state employee -- 50 percent reduction;

(b) Residence in such housing is not a job-related requirement but is a distinct advantage to the agency by having the officer or employee live close to the job in case of an emergency, and for a general protection to the public property in the area -- 20 percent reduction;

(c) Residence in such housing is not a job requirement. The only advantage to the agency is for the residence to be occupied to reduce the chance of vandalism and deterioration -- 10 percent reduction;

(d) Residence in such housing is not a job requirement, nor is it for the benefit of the agency. It is solely for the convenience or by choice of the occupant -- no reduction.

(7) Reduction for invasion of privacy of the resident of such housing shall be not more than 30 percent from the fair rental value, and the specific amount by which the rent is to be reduced shall be determined by the state agency providing such housing by applying the following standards:

(a) The housing or a significant part of it is used for a public office or public business, including such official functions as frequent receptions, dinners or other entertainment functions for the agency related guests; or is so located that invasion of privacy is considered the expected or the invited affair by the public or the state institutional residents -- 30 percent reduction. "Frequent" here means at least once per week on a yearly average;

(b) Public is not invited and invasion is not the usual occurrence, but the residence's location or the architecture plainly indicates its state ownership with little or no restriction on public or the state institutional client traffic -- 20 percent reduction;

(c) Invasion of privacy is an occasional or seasonal occurrence, and some restriction to public traffic is applied -- 10 percent reduction;

(d) Invasion of privacy is no more than that which would be expected for an average privately owned residence -- no reduction.

(8) Reduction for isolation of the resident shall be not more than 20 percent of fair rental value. Such reduction may be in addition to any rental value adjustment which may have been considered in the appraisal determined under subsection (3)(a) of this rule. To evaluate the isolation factor, the state agency may consider factors such as distance from the nearest full-service community, difficult road conditions or services, a public presence so substantial that the resident's family is forced to retreat within the walls of their home, or conditions that make friends and neighbors reluctant to socialize and visit because of institutional inmate activities, or the stigma attached to a state institution. A rent reduction may be allowed for such isolation according to the following standards:

(a) The housing is located in an isolated area, which is defined as being more than 50 miles or 90 minutes travel by automobile, one way, from the nearest full-service community, or the travel conditions are usually severe or hazardous. A full-service community is to be defined as one complete with supermarket, department store, medical doctor, dentist, church, school, etc.; or if the resident employee's family is isolated socially by public pressure or by the institutional atmosphere to the point where the family is primarily confined within the walls of the home, or friends refuse to come to such housing to socialize -- 20 percent reduction;

(b) The housing is located 30 to 50 miles or 60 to 90 minutes travel time, one way, from the nearest full-service community, or the travel conditions are seasonally severe or hazardous, or location or institutional atmosphere tends to reduce the residents' freedom of socialization with neighbors -- 15 percent reduction;

(c) The housing is located about 10 to 30 miles or 30 to 60 minutes travel time, one way, from the nearest full-service community, the travel conditions are seldom severe or hazardous, and there is little or no restriction on socialization -- 10 percent reduction;

(d) The housing is located within ten miles and not over 30 minutes travel one way from the nearest full-service community, and there is no restraint on socialization from any institutional activity or atmosphere -- no reduction.

(9) When the officer or employee is required by the agency to occupy state provided housing as a condition of employment, agencies may apply a rental reduction for unique conditions not previously discussed in sections (6) through (8) of this rule according to the following standards:

(a) As a unique condition, when a reduction from the fair market rental value is needed by the agency to establish a uniform rental schedule for like houses provided in different locations by a single agency to enable intra-agency geographical transfers of employees -- reduction to the extent necessary and reasonable to establish a uniform rental schedule;

(b) As a unique condition, when a reduction from the fair market rental value is needed to correct inequities between the fair market rental value of housing and the salary of the officer or employee occupying the residence -- reduction to the extent necessary and reasonable;

(c) As a unique condition, when a reduction from the fair market rental value is needed because of unique conditions in the state's title to the property such as when housing is received by the state or one of its agencies as a gift for the free use of a specified state officer or employee and where a valid right of reverter exists -- for the use by the state officer or employee, a reduction up to 100 percent of the fair market rental value;

(d) Other factors not previously considered in the reduction schedule may be considered unique conditions when necessary and justifiable for the agency's effective program management -- a reduction up to 20 percent. (Factors reflecting only employee convenience or comfort, without a corresponding impact on the agency's program management, shall not be considered unique conditions).

(10) The rental reductions authorized in sections (5) through (9) of this rule, when combined, may be up to 100 percent of the fair market rental value, when justified.

History

Statutory/Other Authority: ORS 182.415 to 182.435 & ORS 283
Statutes/Other Implemented: ORS 182.415 to 182.435 & ORS 283
DAS 2-2018, amend filed 06/26/2018, effective 07/01/2018
GS 8-1983, f. & ef. 12-2-83
GS 5-1983, f. 4-29-83, ef. 5-2-83
GS 46, f. & ef. 12-1-77

Or. Admin. R. 125-060-0005 Management of the Capitol Mall Housing Units

(1) ORS 276.046 and 276.054, authorizes the Department to purchase or acquire by agreement or donation, for development as a part of the Capitol area, the land lying in the area of the City of Salem bordered by Capitol and Winter Streets on the east and west and by Court Street on the south to D Street on the north.

(2) The Department may operate housing units acquired under section (1) of this rule as state office quarters, or as rental properties for any appropriate private commercial use.

(3) For each Mall housing unit used as a private commercial rental unit, the Department may:

(a) Set rental rates, security deposits and fees at par with the prevailing comparable market rates, and apply such rate schedule for the year with some adjustments allowed taking into consideration the prevailing market conditions or the condition of repairs of the rental unit;

(b) Enter into a written rental agreement with tenants on a month-to-month tenancy basis or a longer term lease, when appropriate;

(d) At any time during the tenancy the Department may order the tenant to repair or correct the conditions listed below to be performed within a reasonable period of time specified, or in case the tenant does not apply, the Department may undertake the repair or the corrective action required, and charge the tenant for the costs. The conditions for such action shall include, but not be limited to, any damage to the premises above and beyond normal wear and tear, excessively unclean and unkept conditions which present health or fire hazards requiring a major cleaning work or a disposal of garbage and rubbish, any apparent pet damages, and any seriously neglected maintenance of the lawn and landscape.

(4) For Mall housing units used as state office quarters, the Department may manage the units in accordance with other appropriate policies of the Department.

History

Statutory/Other Authority: ORS 276.046, 276.054, 276.285 & ORS 283
Statutes/Other Implemented: ORS 276.046, 276.054, 276.285 & ORS 283
DAS 2-2018, amend filed 06/26/2018, effective 07/01/2018
GS 3-1983, f. & ef. 1-19-83

Division 70 GIFTS AND DONATIONS

Or. Admin. R. 125-070-0000 Gifts and Donations for the Benefit of the Programs of the Real Property Division

(1) As authorized under ORS 276.005(3), the Department may accept on behalf of the State of Oregon any gifts, grants and donations from public and private sources for the purposes set out in ORS 276.005(1). Any prospective donor may contact the Facilities Division Administrator or the Director of the Department to consult or to propose making gifts, grants or donations of any value stipulating conditions or limitations, if any. Such proposals may be addressed to: Director, Department of Administrative Services, 155 Cottage Street N.E., Salem, OR 97310.

(2) Gifts, grants and donations approved under section (1) of this rule will be received by the Director or a designee. Funds will be deposited by the Department in appropriate separate trust accounts to be used for the purposes for which the gifts, grants or donations are made. When no specific designations are made by the donor, the Department shall deposit such amounts in the Capital Projects Account established under ORS 273.004(2), subject to any limitations imposed by the donor. When the Department determines that any stipulation or limitation imposed by the donor will result in violation of any applicable law or is contrary to any rules or policies of the state, the Department shall decline acceptance of such donation or gift. All donations or gifts, except landscape donations, must be approved by the Director before such an offer can be accepted by the Department.

(3) All proposed landscape donations are subject to review and approval by the Administrator of the Facilities Division or the Administrator’s designee. Proposed donations may be incorporated into the landscape or the facilities only if the following criteria are satisfied:

(a) Compatibility with the Department’s master plans or, in areas not covered by such plans, compatibility with existing facilities;

(b) Compatibility with the local conditions;

(d) Anticipated maintenance requirements.

(4) Memorial or donation plaques associated with any landscape donation are discouraged by the Department in order to simplify the environment and minimize maintenance. However, in case any such plaque is stipulated by the donor and approved by the Department, the donor shall provide the cost for the purchase of such plaque. The size and type of such plaque shall be determined by the Department. The Department may provide the mounting post and the necessary labor for the installation.

History

Statutory/Other Authority: ORS 276 & 283
GS 3-1983, f. & ef. 1-19-83

Division 75 USE OF BUILDINGS, GROUNDS, PARKING AREAS (STRUCTURES, FACILITIES, LOTS) AND PREMISES UNDER DEPARTMENT CONTROL

Or. Admin. R. 125-075-0000 Restrictions on the Use of Capitol Mall Heliport

(1) The Capitol Mall Heliport, located at the open recessed area between the State Library Building and the Public Service Building, is a non-public, restricted use facility registered with the State of Oregon Aeronautics Division and the Federal Aviation Administration. No one may use this Heliport without first receiving permission to use it from the Department of Administrative Services. The use of this Heliport is restricted and permission for use is given only for official state business or emergencies in following instances:

(a) Official state business use by the Governor, the President of the Senate, the Speaker of the House or the Chief Justice of the Supreme Court;

(b) Emergencies (e.g., air ambulance, catastrophes, etc.) to be so defined and approved by the Manager, Operations & Maintenance Section, Facilities Division, Department of Administrative Services.

(2) All requests for the Heliport use, with no exception, must be directed to and approved by: Manager, Operations & Maintenance Section, Facilities Division, Department of Administrative Services, 1225 Ferry Street S.E., Salem, OR 97310 — Phone: 378-2865.

(3) All users of the Heliport must inform the Department in advance of the estimated time of landing and lift-off so that the Department can notify the Capitol Mall Area Security personnel to clear the Heliport area to ensure safety.

(4) All Capitol Mall Heliport air traffic shall contact the Salem Airport FAA Control Tower to receive advisories in approaching or departing the Heliport.

(5) Any unauthorized use of the Heliport shall be reported to the State of Oregon Aeronautics Division and may be prosecuted under ORS 276.990 and other applicable provisions of law.

Stat.: Auth.: ORS 276 & 283

History

GS 3-1983, f. & ef. 1-19-83

Or. Admin. R. 125-075-0005 Use of the Capitol Mall Area Parks and Grounds

(1) The State Capitol grounds including Willson Park, Capitol Park, and other parks and grounds in the Capitol area as defined in ORS 276.010, save and except that property used for residential purposes located in the northern portion of the Capitol area, are open to the public for use, subject to restrictions specified in this rule.

(2) The restrictions specified in the City of Salem Code 94.010, as adopted by Salem City Council on October 25, 1955, are hereby adopted by the Department of Administrative Services and, except for the modifications set forth in section (5) of this rule, are made a part of this rule governing the use of the State Capitol area parks and grounds.

(3) Any request for information, applications for permits or reservations for a park or a portion thereof for use should be sent to: Manager, Operations and Maintenance Section, Facilities Division, Department of Administrative Services, 1225 Ferry Street S.E., Salem, OR 97310.

(4) Any use of the Capitol area parks and grounds for the following activities shall require use authorization by the Department:

(a) Sales and solicitations, as provided under the City of Salem Code 94.100;

(b) Public demonstration, as provided under the City of Salem Code 94.090;

(5) Enforcement of this rule shall be carried out by the Department’s Capitol area security personnel in cooperation with the City of Salem Police Department with the following stipulations modifying the City of Salem Codes 94.010 to 94.990 for the purposes of this rule:

(a) For the purposes of City Code 94.070 on throwing objects, frisbees are exempted from the prohibited category of “other missile”;

(b) For the purposes of City Code 94.100 on sales and solicitations, the Department may follow the Department’s rule OAR 125-080-0000 and 125-080-0010 for granting permits;

(c) For the purposes of City Code 94.110, no bathing, wading or swimming shall be allowed in fountains, water displays or systems, with the exception of the Wall of Water Fountain on the Capitol Mall Plaza, in front of the Capitol Building, where wading is allowed;

(d) For the purposes of City Codes 94.160 to 94.180 relative to use of motor vehicles and parking, the Department may follow the Department rules OAR 125-095-0000 through 125-095-0065;

(e) For the purposes of City Code 94.190, the Department shall not permit any overnight use of the parks and grounds subject to this rule;

(f) For the purposes of City Code 94.195 on the use of alcoholic beverages, the Department shall follow the Department’s rule OAR 125-075-0015(2), and prohibits use of any illegal drugs or controlled substances by law in addition to any alcoholic beverages;

(g) For the purposes of City Code 94.200, the Department may choose not to set or post any signs for public information on opening and closing hours of the Capitol grounds. However, as provided under section (4) of this rule, the Department will regulate organized activities to minimize traffic congestion in the Capitol Mall area, disruption of state business by noise, such as by high amplification equipment, and informal use of the parks;

(h) No posters or placards may be placed on public grounds except those authorized by the Facilities Division for the conduct of public business;

(i) The State Capitol Building and the Supreme Court Building including their respective entrance areas are outside the jurisdiction of the Department. For any proposed use thereof, inquiries should be directed to the Administrative Services, Legislative Administration Committee, S401 State Capitol, Salem, OR 97310; or the office of State Court Administrator, Supreme Court Building, Salem, OR 97310, respectively.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 276 & 283
GS 19-1992, f. 11-23-92, cert. ef. 1-1-93
Reverted to GS 3-1983, f. & ef. 1-19-83
GS 14-1992(Temp), f. & cert. ef. 7-1-92
GS 3-1983, f. & ef. 1-19-83

Or. Admin. R. 125-075-0010 Public Use of Meeting Rooms in State Buildings Under the Department of Administrative Services’ Control

(1) Pursuant to ORS 276.440 and other related provisions of ORS Chapter 276, the Department may permit and schedule the occasional use of certain meeting rooms in the Department-controlled state office buildings by the public on space available basis, subject to restrictions and payment of fees where applicable under this rule. Any interested person or organization may call or write to the Department for information on available meeting rooms or to make reservations. The address and the phone number are as follows: Meeting Room Reservations, Operations & Maintenance Section, Facilities Division, Department of Administrative Services, 1225 Ferry Street S.E., Salem, OR 97310 — Phone: 378-2865.

(2)(a) The Department shall refuse to permit the use of such meeting rooms when it determines that doing so is contrary to any applicable law or policies of the state, or disrupt the operations of the building or the working of the state government;

(b) The use of the meeting rooms shall not be permitted under this rule for the following types of activities:

(A) Activities which generally produce excessive noise, such as music performances with high amplification;

(B) Activities which will tend to create traffic congestions in the Capitol Mall area in Salem;

(D) Activities at which alcoholic beverages are served or used.

(3) Fees for the use of meeting rooms shall be set by the Department. Where applicable, the minimum space rental shall be $15. In addition, a service fee will be charged for any use after 5:00 p.m. on weekdays, and any time on weekends and holidays for security, clean up and other support needs. Whenever special custodial services are required, a fee therefor shall be for not less than two hours.

(4) State agency tenants in Department-owned or controlled office buildings are exempted from the space rental charges. When tenant agency use requires special custodial services, an applicable service fee will be charged. All other users will be charged a space rental charge, and a service fee when applicable.

(5) All non-state users must reserve meeting rooms early, at least seven days in advance and pay all applicable use fees in advance of the dates or times reserved. Any cancellation must be made as soon in advance as possible to allow rescheduling. When a scheduled user fails to cancel the reservation at least three business days in advance, the scheduled user may forfeit charges for the period reserved for use.

(6) Scheduling of such meeting rooms will be done in order of priority first to state agencies, second to other public agencies, and third to private citizens or organizations.

(7) The Division reserves the right to cancel or alter any scheduled or reserved use of any meeting room when it considers necessary for public safety under emergencies.

(8) All users of meeting rooms shall leave the rooms in a reasonably clean condition after each use. In case an excessive clean up by the Department’s personnel is necessary, the user may be billed for the additional custodial services for the cleanup.

History

Statutory/Other Authority: ORS 276 & 283
GS 3-1983, f. & ef. 1-19-83

Or. Admin. R. 125-075-0015 Possession or Use of Firearms, Alcoholic Beverages and Illegal Substances on the Grounds, Parking Areas (Structures, Facilities, Lots) and Premises of Buildings Under Department Control

(1)(a) Possession or use of firearms or other weapons of any kind, including any explosives, air guns, or slingshots on the grounds, parking areas (structures, facilities, lots) and premises of buildings under Department control is governed by federal and state laws.

(b) The provisions of this section do not apply to firearms in the possession of or stored for official public business authorized by statute for peace officers or for members of any state or national military organization.

(2)(a) The sale, possession and consumption of alcoholic beverages are governed by federal and state laws, local ordinances, and regulations in compliance with a permit. Visitors to any grounds, parking areas (structures, facilities, lots) and premises of buildings under Department control must comply with any directives given to them by law enforcement authorities and employees specifically designated by the Department to investigate observed or reported violations and to issue oral or written warnings or citations to enforce Department rules.

(b) Wine is permitted when stored or used for official public business by the Department of Agriculture under ORS Chapter 576;

(c) Alcoholic beverages are permitted if stored legally in any private vehicle in transit through or while legally parked on the grounds, parking areas (structures, facilities, lots) and premises of buildings under Department control.

(3)(a) It is unlawful for any person to possess illegal drugs on the grounds, parking areas (structures, facilities, lots) and premises of buildings under Department control.

(b) Illegal drug activities are subject to federal and state laws; local ordinances and regulations; and State Policy 50.000.01 Drug-Free Workplace. Any person who uses, possesses, or distributes illegal drugs on the grounds, parking areas (structures, facilities, lots) and premises of buildings under Department control is subject to criminal prosecution by state and federal authorities.

History

Statutory/Other Authority: ORS 276 & 283
DAS 1-2009, f. & cert. ef. 1-6-09
GS 3-1983, f. & ef. 1-19-83

Division 80 SALES OR SOLICITATION

Or. Admin. R. 125-080-0000 Vending Facilities in State Buildings or Grounds Under the Department of Administrative Services’ Control

(1) No person, firm or state agency may place any vending facility in any Department of Administrative Services controlled state office buildings and grounds without specific authorization from the Department. Any inquiry concerning placement of such vending facility should be directed to: Manager, Operations & Maintenance Section, Facilities Division, Department of Administrative Services, 1225 Ferry Street S.E., Salem, OR 97310 — Phone 378-2865.

(2) For the purpose of this rule, the term:

(a) “Department of Administrative Services controlled state office buildings and grounds” means any state office buildings and grounds owned or managed by the Department of Administrative Services, including all such properties specified under ORS 276.004(1) and all Department leased office facilities operated by the Department;

(b) “Vending facility” means any facility used for vending merchandise such as any shelter, counter, shelving, mobile cart food vendor, display case and wall case approved by the Department, including any such refrigerating apparatus and other appropriate auxiliary equipment as are necessary or customarily used for vending merchandise; any manual or coin-operated vending machine or similar device for vending merchandise; and any cafeteria or snack bar for dispensing of food and beverages;

(3) Management policies and procedures of the Department for cafeterias and snack bars are specified in the Department’s OAR 125-080-0005.

(4) All locations, types and number of vending facilities to be permitted are determined by the Department, and all commodities and articles to be sold at any vending facility placed in the Department controlled premises shall be subject to approval by the Department.

(5) The Department may determine fees for each class of vending facilities which will, at the minimum, pay for the costs of space, utilities and administration. Such fee schedule may be changed by the Department as needed.

(6) Authorizations issued by the Department for placement of vending facilities may be in the form of a permit or a contract which will specify terms and conditions governing the operation of vending facilities.

(7) For all available vending facility locations, the Commission for the Blind shall be given the first right of refusal on the contract based on the terms and conditions set by the Department, pursuant to ORS 346.520 and 346.530.

(8) Any vending facility or such prospective locations not contracted with the Commission for the Blind may be permitted or leased to other applicants that may be selected by competitive bids when appropriate.

(9) The Department of Administrative Services reserves the right to reject any and all bids or proposals, and contracts awards will be based on appropriate qualification standards, contract terms and considerations offered to the Department by vendors.

(10) All permits issued by the Department for mobile cart food vendors shall be on condition that such vending facility complies with all the applicable laws of the state and ordinances of the local government jurisdictions pertaining to the vending of foods.

History

Statutory/Other Authority: ORS 276 & 283
GS 3-1983, f. & ef. 1-19-83

Or. Admin. R. 125-080-0005 Cafeterias in State Office Buildings Under the Department of Administrative Services’ Control

(1) Pursuant to ORS 276.431(2), the Department of Administrative Services may lease any suitable space in state office buildings owned or leased by the Department to restaurateurs to establish and operate cafeterias or snack bars for a term not to exceed five years.

(2) No person, firm or state agency may establish or operate any cafeteria or snack bar in any state office building owned or leased by the Department without a specific authorization from the Department or by a contract with the Department. Any inquiry therefore should be addressed to: Manager, Operations & Maintenance Section, Facilities Division, Department of Administrative Services, 1225 Ferry Street S.E., Salem, OR 97310 — Phone 378-2865.

(3) Determinations as to whether to establish or to continue operating any cafeteria or snack bar in any Department controlled building shall be within the discretion of the Department, and terms and conditions for operating such facility shall be specified in a written contract made between the restaurateur and the Department. The Department may furnish such facility to the extent necessary or to the extent customarily provided for such facility, subject to negotiation with the restaurateur, and may set a rental rate for such facility at par with prevailing commercial rates for nearby comparable facilities used for similar purposes.

(4)(a) For any available opportunity to enter into a new contract with a restaurateur such as when opening a new cafeteria or snack bar or when a contract for an existing facility is due to expire or being terminated, the Department will inform in writing the Commission for the Blind about the available opportunity and offer to the Commission the right of first refusal to contract on the terms and conditions set forth by the Department;

(b) The Commission for the Blind shall respond in writing within 30 days to accept or to decline the offer made by the Department under subsection (a) of this section, and the Commission may commence negotiating with the Department for a contract should the Commission decide to accept the offer, subject to conditions stipulated under section (5) of this rule;

(c) In case the Commission for the Blind fails to respond within the 30 days specified under subsection (b) of this section, or declines to accept the Department’s offer, the Department may proceed to select other restaurateurs either by an open competitive bid or by negotiating with one or more restaurateurs without competitive bid under certain circumstances, subject to any applicable provision of law.

(5) The Department reserves the right to reject any and all bids and proposals. The Department’s decision in awarding all contracts will be based upon any or all of the following conditions:

(a) Restaurateur’s experience and competence in managing and operating food service facilities of the similar nature;

(b) The proposed menu, food prices and service levels;

(d) Terms of contract and considerations offered to the Department.

(6) No alcoholic beverages shall be allowed in any cafeteria or snack bar in any state buildings under the Department’s control.

(7) The Department reserves the right to make periodic inspections of any contracted facility to insure the lessee-restaurateur performance of the terms and conditions of the contract.

History

Statutory/Other Authority: ORS 276 & 283
GS 3-1983, f. & ef. 1-19-83

Or. Admin. R. 125-080-0010 Sales or Solicitations in State Office Buildings Under the Department of Administrative Services’ Control

(1)(a) In any state office building premises under the jurisdiction of the Department of Administrative Services, any temporary walk-in sales activity or solicitations by any person who is not a state employee shall be restricted and require permits issued by the Department of Administrative Services;

(b) Such temporary sales or solicitation activities restricted under this rule shall include, but not be limited to, hawking, peddling, vending or selling goods, wares, merchandise, foods, beverages or services; soliciting donations or signatures; or distributing handbills or posting posters on any wall space designated for such purposes by the agency leasing the space;

(c) Any wall space designated for posting information on bulletin boards are for state business and related purposes only.

(2) Permits for any restricted activity under section (1) of this rule may be issued by the Department provided a written request for a permit is received by the Department at least seven days in advance, and such proposed activity is determined by the Department as not likely to interfere with the normal operation of the building or working conditions of the building residents. No sales or solicitations shall be permitted at workstations of the building residents.

(3) All permit applicants shall specify in the application or request for permission the time, place, type of activity being proposed and state the organizational affiliations, if any.

(4) The Department may issue permits under this rule for the following activities specifying the time and place where the permitted activity may be conducted:

(a) Sales of products or other activities which are in the judgment of the Department to be of some significant benefit or relevance to the residents of the state office building in conducting their official business, or in the general public interest; and; in addition;

(b) When such sales of products or other activities referred to under subsection (a) of this section are conducted by members of and on behalf of any nonprofit organization whose primary mission is for services for youth, charitable organizations or services for the public.

(5) State employees shall not engage in any sales or solicitation activities in any Department controlled premises, except when so authorized by their own employing agency.

(6) Any inquiry or permit applications under this rule should be addressed to: Operations & Maintenance Section, Facilities Division, Department of Administrative Services, 1225 Ferry Street S.E., Salem, OR 97310 — Phone 378-2865.

History

Statutory/Other Authority: ORS 276 & 283
GS 3-1983, f. & ef. 1-19-83

Division 85 RECYCLING

Or. Admin. R. 125-085-0000 State Recycling Program

(1) The Department of Administrative Services shall operate the state agencies recycling program established under ORS 279 .560 by contracting with persons or firms for the collection, processing, and marketing of such recyclable products. Terms and conditions of such contract may include provisions for the following specifications:

(a) The acceptable waste paper products for the collection may include:

(A) White ledger or bond paper;

(B) Stationery and letterheads;

(D) Computer printouts;

(E) Envelopes;

(F) Colored paper;

(G) Newspapers;

(H) Cardboard;

(b) Other acceptable products for collection may include but are not limited to, plastic, glass and metal, as determined for acceptability by the Department's recycling program;

(d) The rates and the payment schedule.

(2) In selecting contractors under section (1) of this rule, the Department may, under ORS 279 .015, and 279.835 to 279.855, give preference to nonprofit organizations which provide opportunity to persons with disabilities who reside in the State of Oregon, but awarding of contracts will be based on contractor's experience, capability and payment arrangements offered to the Department.

(3) All inquiries concerning the Department's recycling program for state agencies and all collection accounting reports or other contact from contractors should be addressed to: State Recycling Coordinator, State Recycling Program, Facilities Division, Department of Administrative Services, 1225 Ferry Street S.E., Salem, Oregon 97310.

History

Statutory/Other Authority: ORS 276, 279 & 283
Statutes/Other Implemented: ORS 279.545, 279.550 & 279.560
DAS 2-2013, f. 10-28-13, cert. ef. 11-1-13
TPPSD 2-1994, f. 12-22-94, cert. ef. 1-1-95
GS 3-1983, f. & ef. 1-19-83

Division 90 PARKING FACILITIES

Or. Admin. R. 125-090-0000 Definitions

As used in this chapter 125, division 90 (“these rules”), unless the context requires otherwise:

(1) “ ADA ” means the Americans with Disabilities Act.

(2) “ Applicant ” means any person applying to DAS for authorization to use a Parking Facility for Motor Vehicle or Bicycle parking or other transportation use identified in these rules or authorization to participate in an Alternative Transportation Modes program.

(3) “ Alternative Transportation Modes ” has the meaning given that term in OAR 125-090-0138(2)(a)(B).

(4) “ Autocycle ” means a Motorcycle that:

(a) Is manufactured to travel on three wheels; and

(b) Has a steering wheel for steering control; and

(d) Is equipped with a manufacturer-installed three-point safety belt or safety harness.

(e) DAS considers an Autocycle a “Motor Vehicle” for the purposes of parking.

(5) “ Bicycle ” means a vehicle that:

(a) Is designed to be operated on the ground on wheels; and

(b) Has a seat or saddle for use of the rider; and

(d) Is propelled by human power; and

(e) Has every wheel more than 14 inches in diameter or two tandem wheels either of which is more than 14 inches in diameter. [1983 c.338 §22]

(f) DAS may prohibit any Bicycle from certain Bicycle storage areas based on Bicycle size.

(6) “ Capitol Mall Parking Area ” means that area within the City of Salem bounded by Church Street on the west, D Street on the north, Mill Street on the south and 13th Street on the east.

(7) “ Carpool ” means a registered group of an eligible State Employee and one or more employed others who use a ride-sharing arrangement to commute to work together in a Carpool Area no fewer than 3 days of a 5-day work week. Any other alternative work schedule needs to be approved by DAS. For the purposes of OAR 125-090-0132, a “Vanpool” qualifies as and has the same meaning as “Carpool”

(8) “ Carpool Area ” means any one of the following:

(a) “ Downtown Eugene Area ” means the area within the City of Eugene bounded by Third Street on the north, Fairmount Street on the east, 24th Street on the south and Washington Street on the west.

(b) “ Downtown Portland Area ” means the area within the City of Portland bounded by Hoyt Street on the north, the Willamette River on the east and I-405 on the south and west.

(c) “ Lloyd District Area ” means the area within the City of Portland bounded by Broadway on the north, N.E. 16th on the east, I-84 on the south and Martin Luther King Jr. Blvd. on the west.

(d) “ Salem Area ” means the area within the City of Salem bounded by Market Street on the north, 17th Street on the east, Mission Street on the south and the Willamette River on the west. The Capitol Mall Parking Area is in the Salem Area.

(9) “ Commercial Parking ” means parking made available by a private or public concern for which a use fee is charged.

(10) “ DAS ” means the Department of Administrative Services, Enterprise Asset Management Division, Fleet and Parking Services.

(11) “ Director ” means the Director of the Oregon Department of Administrative Services.

(12) “ Electric Vehicle ” means a Motor Vehicle where the sole means of propulsion is from an electric motor(s) and the Motor Vehicle requires charging from an external electrical source to replenish the batteries.

(13) “ Hire Date ” means the date of a State Employee’s initial hire to State service as recorded in the official personnel file for that employee.

(14) “ Lease ” means to charge or to pay a charge for the use of portions of the facilities and grounds in a Parking Facility for the parking of Motor Vehicles and other transportation uses.

(15) “ Manager ” means the Manager of the Oregon Department of Administrative Services, Fleet and Parking Services program, or the Manager’s designee.

(16) “ Member ” means a registered user of a Carpool, a registered user of the Space Sharing Program, or an approved user of a DAS Alternative Transportation Modes program.

(17) “ Motor Vehicle ” - "(Passenger) Motor Vehicle" means any self-propelled vehicle used for transporting persons or commodities on public roads. DAS may prohibit any Motor Vehicle from certain lots based on Motor Vehicle size.

(18) “ Motorcycle ” - For the purposes of these rules, "Motorcycle" means any Motor Vehicle, including mopeds, having a seat or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground and having a mass of 680 kilograms (1500 pounds) or less with manufacturer recommended fluids and nominal fuel capacity included. DAS may prohibit any Motorcycle from certain lots based on Motorcycle size.

(19) “ Park ” and “ Parking ” means to stop, or to cause or allow to remain stopped, any Motor Vehicle or combination of Motor Vehicles, or any portion thereof, on any street, off-street Parking facility, Parking space, or other public right of way including sidewalks, except such stops as are made in response to legal controls or requirements, conditions created by other traffic, emergencies related to the operation of the Motor Vehicle during the actual period of such emergency, or momentary stops for the expeditious loading or unloading of passengers. Whether capitalized or not in these rules, “park”, “parked”, or “parking” have the same meaning.

(20) “ Parking Facility ” means any lot, grounds, parking structure, or facility owned, managed, controlled or administered by DAS and used or available for the parking of Motor Vehicles and Bicycles and other transportation uses, including but not limited to those grounds and parking structures and facilities described in ORS 276.594 and those parking structures and facilities at the State office buildings in Eugene and Portland. Parking Facility also includes any additional grounds and parking structures, or facilities designated by State Agencies to be managed, controlled or administered by DAS.

(21) “ Permit ” means an authorization issued in accordance with these rules to Park a Motor Vehicle or a Bicycle in compliance with the conditions specified in the authorization and these rules. It may also mean the hangtag or decal issued to identify a Motor Vehicle exercising the authorization.

(22) “Primary Participant” means:

(a) The State Employee Member with responsibility for certifying Member membership in a Carpool and paying the charge for the monthly Permit for the Carpool.

(b) The State Employee Member with responsibility for certifying the Space Sharing Program Members allowed to use their Permit and paying the charge for the monthly Permit.

(23) “ Request Date ” means the date a customer is on a waitlist in the DAS database.

(24) “ Schedule of Base Rates and Charges ” means the Schedule of Base Rates and Charges in OAR 125-090-0065, which rates and charges are adopted by DAS pursuant to OAR 125-090-0015 and OAR 125-090-0035 for the use of portions of the facilities and grounds in Parking Facilities for the parking of Motor Vehicles and Bicycles and other transportation uses.

(25) “ Service Vehicle ” means a Motor Vehicle used primarily for the transport of goods or services from a business to State Agency premises.

(26) “ Shared Space ” means the parking space shared by the Primary Participant or a Member participating in the Space Sharing Program.

(27) “ Space Sharing Program ” means where a State Employee assigned a monthly reserved or unreserved permit to park in a DAS controlled Parking Facility allows one or more other State Employees to use their permit. This may be with or without compensation exchanged between the parties (see Sublet definition (32)).

(28) “ State ” means the State of Oregon.

(29) “ State Agency ” means any elected or appointed officer, board, commission, department, institution, branch or other unit of the State government.

(30) “ State Employee ” means any employee, officer, board or commission member, or volunteer worker of the State.

(31) “ State Employee with a Disability ” means a State Employee who has been issued a disabled person parking Permit by the Oregon Department of Transportation (ODOT) under ORS 811.602.

(32) “ Sublet ” is when a person who has a reserved space or a Permit allows another person to use their space or Permit and is compensated monetarily or in any other way for said use.

(33) “ Tenant ” is a State Employee whose Work Location is within a specific State owned or Leased building(s) as determined by DAS. A State Agency, program, division, etc. may also be a Tenant. Assignment of Permits in some Parking Facilities is limited to Tenants only; see section OAR 125-090-0003 Eligibility.

(34) “ Vanpool ” means a group of people commuting to work collectively in a passenger Motor Vehicle designed to hold six (6) or more people. A Vanpool is defined as 6 or more people that ride together.

(35) “ Visitor ” a person representing themselves, a company, or other entity who uses a DAS Parking Facility to Park a Motor Vehicle. Depending on the specific uses and restrictions on Parking spaces or Parking Facilities, State Employees may be considered Visitors when accessing Parking Facilities that are not at their Work Location.

(36) “ Workday ” – The State of Oregon official HR system of record.

(37) “ Work Location ” means the building, office, assembly point or other similar location that is:

(a) Designated in Workday as the State Employee’s Central Workplace or Alternate Workplace (as defined per the Statewide Human Resources Working Remotely Policy 50.050.01); or

(b) A Temporary Workplace (as defined per the Statewide Human Resources Working Remotely Policy 50.050.01) where the State Employee physically reports for work; or

(c) When the State Employee is engaged in Mobile Work (as defined per the Statewide Human Resources Working Remotely Policy 50.050.01), the Work Location is where the State Employee is required to initially report for work at the start of their day.

(38) “ Writing ” means letters, characters and symbols inscribed on paper by hand, print, type or other method of impression, or made in electronic form such as e-mail and facsimile, and intended to represent or convey particular ideas or meanings.

History

Statutory/Other Authority: ORS 98.805 - 98.818, 184.340, 190.240, 276.591 - 276.601, 283.100, 283.110 & Governor’s Executive Order 17-21
Statutes/Other Implemented: ORS 98.805, 190.240, 276.591 & 283.110
DAS 1-2025, amend filed 04/14/2025, effective 04/15/2025
DAS 4-2022, amend filed 05/10/2022, effective 05/15/2022
DAS 1-2021, amend filed 06/16/2021, effective 07/01/2021
DAS 7-2009, f. & cert. ef. 7-1-09
DAS 4-2001, f. 5-31-01, cert. ef. 6-1-01
DAS 7-2000(Temp), f. & cert. ef. 12-11-00 thru 6-8-01
DASII 1-1996, f. & cert. ef. 3-1-96
GS 17-1992, f. & cert. ef. 8-27-92
GS 13-1992(Temp), f. 6-22-92, cert. ef. 7-1-92
GS 1-1992, f. 1-28-92, cert. ef. 2-1-92
GS 7-1981, f. 11-23-81, ef. 1-1-82
GS 3-1981(Temp), f. 8-28-81, ef. 10-1-81

Or. Admin. R. 125-090-0002 Purpose

(1) DAS establishes these rules to regulate the use of Parking Facilities for parking of Motor Vehicles and Bicycles and to provide for other transportation uses consistent with the policies stated in ORS 276.591 and Executive Order 17-21.

(2) DAS, through the Director and other administrative officers designated by the Director, is authorized to implement and to provide for the enforcement of these rules.

(3) The Director of DAS delegates to the Manager the authority and responsibility for the implementation, administration, and enforcement of these rules.

(4) The Manager is authorized to render written and oral interpretations and to adopt procedures necessary for the proper administration and enforcement of these rules. The Manager’s authority includes but is not limited to determining:

(a) Priorities for uses of Parking Facilities and management of space assignments;

(b) Incentives and other methods to encourage use of Alternative Transportation Modes;

(d) Conditions under which grounds and Parking Facilities may be used; and

(e) Eligibility and application procedure for parking and other Permits, the uses granted by each type of Permit, and the circumstances when a Permit must be displayed.

(f) Exemptions to this rule on a case by case basis when in the best interest of the State or public to do so.

(5) DAS may install traffic control devices and use other appropriate signs to post notice of these rules at Parking Facilities. DAS may issue parking prohibitions and use restrictions at each Parking Facility that govern the use and operation of said facility; DAS shall give notice of such prohibitions or restrictions by posting appropriate signs in plain view, on Permits issued for facility access, or on user agreement and applications.

(6) DAS considers all parking information confidential and will only release information to authorized users and as required by law.

History

Statutory/Other Authority: ORS 98.805 - 98.818, 184.340, 190.240, 276.591 - 276.601, 283.100 & 283.110
Statutes/Other Implemented: ORS 98.805, 190.240, 276.591 & 283.110
DAS 1-2021, amend filed 06/16/2021, effective 07/01/2021
DAS 7-2009, f. & cert. ef. 7-1-09

Or. Admin. R. 125-090-0003 Eligibility

(1) Requirements for assignments in Parking Facilities: DAS may limit Parking eligibility to any State Employee based on the State Employee’s Work Location. DAS may limit eligibility at any Parking Facility controlled by DAS to State Employees whose Work Location is at that building.

(2) State Employees who receive assigned parking at designated Tenant-only DAS owned or managed Parking Facility must be a Tenant of that building.

(3) Any State Employee who has received a parking assignment in a facility for Tenants only and has moved to a different Work Location is no longer eligible for a parking assignment in that Parking Facility.

History

Statutory/Other Authority: ORS 98.805 - 98.818, 184.340, 190.240, 276.591 - 276.601, 283.100 & 283.110
Statutes/Other Implemented: ORS 98.805, 190.240, 283.110 & 276.591
DAS 4-2022, amend filed 05/10/2022, effective 05/15/2022
DAS 1-2021, adopt filed 06/16/2021, effective 07/01/2021

Or. Admin. R. 125-090-0004 Parking Facilities Subject to DAS Management and Control

A current list of Parking Facilities subject to these rules are available at the DAS Fleet and Parking Services website.

History

Statutory/Other Authority: ORS 98.805 - 98.818, 184.340, 276.591 - 276.601 & 283.100
Statutes/Other Implemented: 276.601, ORS 98.805, 276.591 & 276.594
DAS 1-2024, renumbered from 125-090-0010, filed 12/19/2024, effective 12/19/2024
DAS 1-2021, amend filed 06/16/2021, effective 07/01/2021
DAS 7-2009, f. & cert. ef. 7-1-09
DASII 1-1996, f. & cert. ef. 3-1-96

Or. Admin. R. 125-090-0015 Rates for Parking Facility Uses; Time of Review; Notice

(1) This rule provides for establishing and reviewing and revising rates and charges for the use of Parking Facilities.

(2) DAS shall conduct an annual review of the rates and charges to be imposed for parking and other transportation uses in the various Parking Facilities and may alter any rates or charges if DAS determines a current consideration of the factors listed in OAR 125-090-0035 justifies the change.

(3) In addition to establishment and review of rates and charges described in sections (1) and (2) of this rule, DAS may alter rates and charges periodically or for periods DAS determines appropriate when Parking Facility occupancy exceeds expected levels. Such rate and charge changes may be temporary or long-term and may be used to adjust revenue levels to those levels required considering those factors identified in OAR 125-090-0035.

(4) Each time DAS changes rates and charges, it shall adopt and publish a Schedule of Base Rates and Charges. The new published Schedule of Base Rates and Charges supersedes all previously published Schedules and the rates and charges originally established in OAR 125-090-0065.

(a) The Schedule of Base Rates and Charges must include:

(A) Any revised long-term rate or charge changes; and

(B) The size and the proposed duration of any temporary rate or charge change.

(b) DAS shall publish the revised rates and charges prior to the effective date of the new Schedule of Base Rates and Charges by posting the revised rates and charges on the DAS Fleet and Parking Services web site and by distributing notice of the revised rates and charges, in Writing, to:

(A) All individuals who Lease parking subject to the rate or charge change at the individual’s last e-mail that was provided by the individual to DAS

(B) All State Agencies which lease, or have State Employees who Lease, parking subject to the rate or charge change; and

(C) All State Agencies which occupy quarters located in the Capitol Mall Parking Area, or elsewhere in the City of Salem, the Portland State Office Building and the Eugene State Office Building.

History

Statutory/Other Authority: ORS 98.805-98.818, 184.340 & 276.591-276.601
Statutes/Other Implemented: ORS 98.805, 276.591 & 276.601
DAS 1-2025, adopt filed 04/14/2025, effective 04/15/2025

Or. Admin. R. 125-090-0025 Terms Under Which Parking Facilities Are Leased

(1) Parking Facilities are for the Parking of Motor Vehicles and Bicycles and other transportation uses as DAS determines are appropriate. In determining the use of Parking Facilities DAS shall first give priority to the needs of State Agencies and State Employees for the transaction of State business. DAS permits Parking of State Employee, Visitor, service, and State-owned Motor Vehicles at Parking Facilities for transacting business in State offices only, unless expressly otherwise authorized by DAS. DAS may authorize the general public to use those Parking spaces not required by Agency and State Employee Motor Vehicles.

(2) DAS may determine the classes and availability of Parking spaces in Parking Facilities (reserved, unreserved, metered, or other), and the method for charging users for the Parking uses (monthly, daily, metered or other), and where and if display of a Permit is necessary in order to lawfully exercise Parking authorization. Parking by all persons is subject to availability of Parking spaces and these rules.

(3) DAS may require a minimum number of days working on site at the State Employee’s Work Location to obtain or retain a monthly Permit.

(4) DAS may limit the length and width of vehicles allowed to use specific Parking spaces, in specific Parking Facilities, or specific sections of Parking Facilities.

(5) The State, DAS, and its employees are not responsible for any damage to or loss of a Motor Vehicle or its contents or injury to any person arising from the use of Parking Facilities.

(6) DAS conditions all authorization to use Parking Facilities on the requirement that the user comply with these rules and all applicable State and local laws and ordinances.

History

Statutory/Other Authority: ORS 98.805-98.818, 184.340, 276.591-276.601 & 283.100
Statutes/Other Implemented: ORS 98.805, 276.591, 276.594 & 276.601
DAS 1-2025, adopt filed 04/14/2025, effective 04/15/2025

Or. Admin. R. 125-090-0035 Base Rates for Parking; Adjustments; Special Rates for Other Uses

(1) Under ORS 276.594, DAS has authority to establish rates and charges for parking Motor Vehicles and for other transportation uses in Parking Facilities. DAS declares that there is a market for Commercial Parking available within five blocks of the Parking Facilities in each of the cities of Salem, Portland and Eugene.

(2) DAS shall establish charges for use of Parking Facilities consistent with the policies stated in ORS 276.591, including charges for parking Motor Vehicles. DAS may establish charges for parking Bicycles in secure parking areas in Parking Facilities and in Bicycle lockers, and other charges identified in these rules for Parking Facilities.

(3) DAS shall calculate the charges for using Parking Facilities upon a base rate for uncovered unreserved Parking for Motor Vehicles that considers the following factors:

(a) DAS’s actual and anticipated expenses for administration of Motor Vehicle parking in Parking Facilities;

(b) Local market conditions and prevailing charges for Commercial Parking; and

(c) DAS’s actual and anticipated expenses undertaken to operate, maintain and improve Parking Facilities, including debt service, depreciation, ad valorem property taxes as required by ORS 276.592, reasonable capital development funds, and revenue recovery adequate to offset any amounts lost by DAS through the provision of Carpool incentive rates under ORS 276.601 and through encouragement of the use of Alternative Transportation Modes.

(4) Notwithstanding subsection (3), DAS may:

(a) Establish charges at less than the base rate under section (3) for the parking of Motorcycles in Parking Facilities.

(b) Provide open Bicycle racks at unsecured Parking Facilities at no charge for the use of the racks, and establish charges at less than the base rate for the parking of Bicycles in Bicycle lockers and secured areas in Parking Facilities. In setting Bicycle parking rates, DAS shall consider the administrative cost of Bicycle registration and the other Parking Facility expenses listed in subsection (3) above that are related to Bicycle registration and parking.

(c) Encourage the use of Carpools and offer Carpool incentive reductions to the base rate based upon the number of participating riders.

(d) Furnish parking spaces free or at rates reduced from the base rate in designated areas where conditions show no or a reduced market for Commercial Parking, and for those State Employees participating in a program that encourages the use of parking spaces in non-congested areas.

(e) Establish charges less than the base rate where DAS determines that community hardship or significant reduction in demand for the parking in Parking Facilities is likely to occur.

(f) Establish charges in excess of the base rates, and for each Parking Facility, to recognize the following conditions:

(A) Reserved parking;

(B) Improved parking (including charging stations for electric cars);

(D) Secured parking (limited public access);

(E) Local market conditions and prevailing charges for Commercial Parking;

(F) Parking that is made available to persons who are not State Employees;

(G) Administrative costs arising from use of Parking Facilities in violation of these rules.

(g) Negotiate a unique rent or charge structure based on the uses provided by a special use agreement to benefit the general public, the local community or the State. DAS shall determine all rates and charges applicable to special use agreements through an analysis of similar activities, rates and charges at comparable Parking Facilities and consideration of overall benefit to the general public and the State.

(5) In establishing the base rate for parking at each of the Parking Facilities, DAS may evaluate the demand and practicality of charging for nighttime and weekend use of such parking. Where the demand and estimated revenues are deemed sufficient to warrant the additional administrative expense, DAS may make certain of its Parking Facilities available to State Employees and others for parking and other transportation uses between the hours of 7 p.m. and 7 a.m. on weekdays, and anytime on weekends. Rates established for such nighttime and weekend parking use must reflect local market conditions for Commercial Parking and established at a level to recover the cost to provide the parking. In those Parking Facilities where charges for evening or weekend parking are established by DAS, DAS shall provide night and weekend parking at no additional charge to persons who have registered for parking with DAS and have paid the appropriate daytime charge for a Parking Facility. DAS shall charge all other persons for nighttime or weekend parking at the amounts specified in the Schedule of Base Rates and Charges.

History

Statutory/Other Authority: ORS 98.805 - 98.818, 184.340, 276.004, 276.385, 283.100 & 276.591 - 276.601
Statutes/Other Implemented: 276.601, ORS 98.805, 276.591 & 276.594
DAS 1-2024, renumbered from 125-090-0020, filed 12/19/2024, effective 12/19/2024
DAS 1-2021, amend filed 06/16/2021, effective 07/01/2021
DAS 7-2009, f. & cert. ef. 7-1-09
DAS 4-2001, f. 5-31-01, cert. ef. 6-1-01
DAS 7-2000(Temp), f. & cert. ef. 12-11-00 thru 6-8-01
DASII 1-1996, f. & cert. ef. 3-1-96

Or. Admin. R. 125-090-0065 Schedule of Base Rates and Charges for Parking Facilities

(1) The Schedule of Base Rates and Charges for Parking Facilities is published on the DAS Fleet and Parking Services website.

(2) Unless otherwise specified in the Schedule, the rates published in the Schedule supersede all previously published schedules for Parking and other Parking Facility uses subject to these rules.

History

Statutory/Other Authority: ORS 98.805 - 98.818, 184.340, 276.591 - 276.601 & 283.100
Statutes/Other Implemented: 276.601, ORS 98.805, 276.591 & 276.594
DAS 1-2024, renumbered from 125-090-0140, filed 12/19/2024, effective 12/19/2024
DAS 1-2021, amend filed 06/16/2021, effective 07/01/2021
DAS 7-2009, f. & cert. ef. 7-1-09
DAS 6-2001, f. & cert. ef. 11-1-01
DAS 4-2001, f. 5-31-01, cert. ef. 6-1-01
DAS 7-2000(Temp), f. & cert. ef. 12-11-00 thru 6-8-01
DASII 1-1996, f. & cert. ef. 3-1-96

Or. Admin. R. 125-090-0075 Payment for Daily Use of Parking Facilities

(1) Unless otherwise permitted by OAR 125-090 or authorized by DAS Parking Services, State Employees are required to personally pay for daily Parking costs within the Capitol Mall Parking Area, at the Portland State Office Building, or the Eugene State Office Building.

(2) State Agencies may not purchase passes, directly provide meter payment, or assign Agency paid spaces for State Employee Parking within the Capitol Mall Parking Area, at the Portland State Office Building, or the Eugene State Office Building. Agencies may purchase passes for board and commission Members, volunteers, non-employee guests of the agency.

(3) State Employees and State Agencies shall follow the Statewide Human Resources Working Remotely Policy 50.050.01 and Statewide Travel Policy 40.10.00 to determine whether daily Parking costs incurred by State Employees are reimbursable expenses. State agencies shall follow the Statewide Travel Policy 40.10.00 and other pertinent Oregon Accounting Manual requirements to process reimbursements to State Employees for daily Parking expenses when appropriate

(4) When using a State-owned Motor Vehicle for official State business, a State Employee who has a monthly Permit with DAS Parking Services may Park their personal vehicle in the space assigned to the State-owned Motor Vehicle and paid for by a State Agency while traveling on official State business in the State-owned Motor Vehicle assigned to that space. The State Employee’s monthly paid Permit or Parking space may not be used by another person while the State Employee’s vehicle is parked in the State-owned Motor Vehicle Parking space.

(5) State Employees who do not have an assigned monthly paid Parking space or Permit with DAS Parking Services shall pay the appropriate daily parking cost for using the State Agency paid Parking space vacated by the State-owned Motor Vehicle. State Agencies shall follow the Statewide Human Resources Working Remotely Policy 50.050.01and Statewide Travel Policy 40.10.00 for determining whether the daily Parking cost incurred by the State Employee is a reimbursable expense.

(6) Parking Facility users may obtain single daily Parking Permits or booklets from DAS at the address on the DAS website. Payment may be made in advance, in person, in cash or by check, money order or debit/credit card, or online. The Permit is valid when properly displayed on the date stated on the Permit or when properly completed and displayed if purchased in booklets. A valid daily Permit authorizes the bearer to Park as specified on the back of the Permit, or as otherwise authorized by DAS.

(7) Users of Parking Facilities equipped with Permit vending machines (pay-and-display) may obtain daily and part-day Parking Permits from the machines using a debit/credit card or proper deposit of coin where available. The Permit is valid only when properly displayed on the date stated on the Permit.

(8) Parking Facility users may pay for daily Parking at metered spaces with the proper deposit of coin, or other payment method where available.

History

Statutory/Other Authority: ORS 98.805-98.818, 184.340, 276.591-276.601 & 283.100
Statutes/Other Implemented: ORS 98.805, 276.591, 276.594 & 276.601
DAS 1-2025, adopt filed 04/14/2025, effective 04/15/2025

Or. Admin. R. 125-090-0085 Payment for Monthly Use of Parking Facilities

(1) State Employees who have a Work Location within the Capitol Mall Parking Area, at the Portland State Office Building, or the Eugene State Office Building are required to pay the cost of their own Parking needs. State Agencies may not pay nor reimburse State Employees for the cost of monthly Parking, nor may State Agencies pay for Parking spaces for State Employee monthly Parking.

(2) State Employees, who are in the State payroll system, shall pay for monthly use of Parking Facilities by payroll deduction. The deduction must be authorized in Writing by the State Employee on the form prescribed by DAS as part of the Parking application process. This authorization shall remain in force until the Parking Permit is terminated or the State Employee terminates State employment or is otherwise ineligible for the Parking assignment. State Employees shall immediately notify DAS of any work status or Work Location changes that affect Parking eligibility.

(3) Monthly payroll deductions are made automatically in arrears and are made from a State Employee’s final payroll check for Parking charges incurred for any part of a final month. A State Employee requesting a payroll deduction for Parking charges is solely responsible for the content of the payroll deduction request and for verifying the accuracy of the amount of a payroll deduction. A State Employee shall notify DAS of any disputed payroll deduction for Parking charges not later than 15 days after the date of the deduction.

(4) Other eligible Parking Facility users not included in subsections (1) and (2) may pay for monthly Parking charges by check, money order, or debit/credit card for the exact amount due. Payment by this method is due in advance by the first calendar day of each month. If payment is not received by the fifth calendar day of the month, the Permit is void and the Parking assignment is immediately cancelled. Such payment must be made in person or by mail or, online to DAS Fleet and Parking Services.

(5) Parking spaces or monthly Permits assigned to a State Employee or other eligible Parking Facility users shall not be Sublet to another person except as set forth in OAR 125-090-0132 or as authorized by DAS. Where and when Subletting is authorized by DAS, the total amount collected amongst the participating Members using the Sublet space may not exceed the rate charged for the space by DAS and must be divided as equally as possible to the nearest dollar amongst the participating Members.

History

Statutory/Other Authority: ORS 98.805-98.818, 184.340, 276.591-276.601 & 283.100
Statutes/Other Implemented: ORS 98.805, 276.591, 276.594 & 276.601
DAS 1-2025, adopt filed 04/14/2025, effective 04/15/2025

Or. Admin. R. 125-090-0095 General Rules; Parking for State Employees with Disabilities and Other Particular Rules

(1) Persons operating vehicles in Parking Facilities are subject to the following rules.

(a) A person may not stop or Park a Motor Vehicle in a Parking Facility at a time or in an area not specifically designated for Parking Motor Vehicles. Unattended Motor Vehicles are permitted only in designated Parking spaces. Idling is prohibited in DAS Parking Facilities.

(b) The basic speed rule (ORS 811.100) applies to use of all Motor Vehicles in all Parking Facilities.

(d) The maximum speed is ten miles per hour unless otherwise posted at a lower speed.

(e) Users shall obey all directional arrows, signs, traffic control devices and other posted instructions.

(f) Motor Vehicle maintenance and repair is prohibited in Parking Facilities without the prior approval of DAS.

(g) A person/agency shall not use Parking Facility property for the purpose of storing an inoperable or operable Motor Vehicle or other personal property, including Bicycles or tires without written permission from DAS. Motor Vehicles that have broken down in a Parking Facility and that cannot be removed must be reported immediately to DAS. Inoperable Motor Vehicles must be removed from the Parking Facility within 24 hours or will be subject to removal at the owner's expense. Bicycles stored in violation of this section are subject to the process in OAR 125-090-0165. Other personal property stored or abandoned at a Parking Facility longer than five consecutive days will be considered unclaimed property under State law and subject to removal at the owner’s expense.

(h) Persons may park in designated loading zones only while loading and unloading people and goods, not to exceed 15 minutes unless otherwise posted.

(i) Use of skateboards, roller blades, roller skates, in-line skates or similar devices is prohibited in Parking Facilities. DAS may allow an exception to this rule for State-sponsored and supervised classes, programs and events.

(j) Each Parking Facility user is individually responsible to secure that user’s Motor Vehicle and its contents from theft.

(k) Except as authorized in advance by DAS, a person may not use Parking Facilities premises, including utility connections, for any purpose other than Motor Vehicle Parking.

(l) Any person who trespasses in a Parking Facility may be subject to arrest for criminal trespass under ORS 164.243 or ORS 164.245 or applicable local law or ordinance.

(m) A person issued a Permit shall display it according to the instructions DAS provides.

(n) A person shall not display a forged or altered Permit, or display a Permit reported lost or stolen.

(o) Except as DAS authorizes for statewide elected officials and for persons engaged in official DAS business and as authorized under OAR 125-090-0138(2), no State Employee may Park a Motor Vehicle for free at any Parking Facility. DAS may require application for a special Permit that must be displayed properly for statewide elected officials to Park for free at the metered spaces within the Capitol Mall Parking Area.

(p) State Employees may use metered Visitor spaces at the employee’s Work Location with proper payment. DAS may issue a special monthly Permit to State Employees for this purpose.

(q) DAS may set motor Vehicle size restrictions. Motor Vehicles and any attached equipment must fit into the Parking space, leave sufficient room for adjacent Parkers to easily access their Motor Vehicles, and may not impede Motor Vehicle and pedestrian circulation within the Parking Facility. DAS reserves the right to decline issue of a Permit, rescind a Permit, or move any Motor Vehicle deemed to be unsafe (including towing) that exceeds the size of the Parking space, or exceeds the ability of the Parking Facility to safely house the Motor Vehicle.

(r) DAS limits to six, in any ninety-day period, the number of times that a State Employee assigned a Permit may call in to be authorized by Motor Vehicle license to Park without displaying the Permit. An authorization by DAS to Park without displaying a Permit is invalid if the numbered Permit for the lot is found displayed at the same time in another Motor Vehicle in any DAS Parking Facility. The Motor Vehicle that is NOT displaying the Permit will be subject to citation.

(s) Vehicles must be Parked head-in at all angled Parking spaces.

(2) Users of the following types of Parking Facilities and Permits shall comply with these additional rules:

(a) Parking for State Employees and visitors with a Disability.

(A) On request from a State Employee with a Disability otherwise eligible to Park in a Parking Facility, DAS will provide a Parking space in the Parking Facility as close as reasonably possible to the building entrance of the State Employee’s Work Location. DAS may temporarily assign a State Employee with a Disability to a Visitors' disabled accessible space or metered space at the monthly charge appropriate for the space assigned.

(B) In order to receive a State Employee with a Disability Parking assignment under this rule or priority assignment under OAR 125-090-0105(2)(a), a State Employee must hold a valid disabled person Parking Permit issued by ODOT under ORS 811.602 or issued by another State or provincial government.

(C) Without properly displaying a daily paid Permit, a State Employee with a Disability is prohibited from using a disabled Parking placard or decal at a State ADA Visitor space at the State Employee’s Work Location and any adjacent Parking Facilities for the sole purpose of accessing the State Employee’s Work Location. State Employees may use Visitor ADA spaces at other State Parking Facilities for the sole purpose of conducting State business. Refer to OAR 125-090-0115(1).

(D) Reserved or unreserved free Parking designated for temporary use by Visitors with disabilities visiting State offices. Motor Vehicles occupying such spaces shall bear a valid and properly placed Parking decal or placard issued by the Department of Motor Vehicles. Employees with a Disability who need access to a Parking Facility that is not at their Work Location may use the free Visitor ADA parking spaces or, if applicable, must properly display a paid Permit for locations where Visitor ADA parking spaces require payment. State Employees with a Disability may use Parking spaces designated for Visitors with disabilities at the State Employee’s Work Location with proper display of a paid daily or half-day permit. Where Visitor ADA Parking is designated as free at the State Employee’s Central Workplace (as defined by the Statewide Human Resources Working Remotely Policy 50.50.01), the State Employee shall pay for the appropriate parking cost with proper display of a paid daily or half-day permit. State Agencies shall follow the Statewide Human Resources Working Remotely Policy 50.050.01 and Statewide Travel Policy 40.10.00 for determining whether the daily Parking cost incurred by the State Employee is a reimbursable expense.

(b) Reserved Parking Space.

(A) A reserved space in a Parking Facility is reserved to the Permit holder for Parking only on weekdays, unless otherwise posted or designated by DAS.

(B) Except as authorized by DAS, Parking spaces or monthly Permits assigned to a State Employee or other eligible Parking Facility users shall not be Sublet to another person unless for the purpose of Carpooling/Van Pooling. Refer to OAR 125-090-0085(5) and OAR 125-090-0132.

(C) Only a Permit holder or the holder’s designee named in Writing may contact DAS to report an unauthorized Motor Vehicle in the Permit holder’s reserved space. When a reserved space is occupied by an unauthorized motor Vehicle, DAS will authorize the displaced Motor Vehicle to Park at a nearby State Parking Facility and will cite the unauthorized Motor Vehicle.

(D) As directed by DAS, Permit holders may be required to register all license plates of Motor Vehicles that use the Permit and to keep the information updated within DAS’ parking management system. Changes to Motor Vehicles using the Permit must be communicated to DAS Parking via email or through the DAS Parking customer portal immediately – no later than the next business/work day. Failure to comply may result in rescission of the Permit.

(E) License Plate Recognition (LPR) hardware and software may be used by DAS to monitor authorized Permit holders within Parking Facilities to enforce these rules, applicable parking codes, and statutes as deemed necessary by DAS.

(A) All persons Parking in unreserved unmetered spaces in Parking Facilities are required to register all license plates of Motor Vehicles that use the Permit and to keep the information updated within DAS’ parking management system. Changes to Motor Vehicles using the Permit must be communicated to DAS Parking via email or through the DAS Parking customer portal immediately – no later than the next business/work day. Failure to comply may result in rescission of the Permit.

(B) Where required by DAS, a valid Permit must be displayed for the Parking Facility where the Motor Vehicle is Parked. Permits for unreserved spaces in Parking Facilities are valid only when displayed as instructed by DAS and clearly visible at all times. Parking Permits assigned to a State Employee or other eligible Parking Facility users shall not be Sublet to another person unless for the purpose of Carpooling/Van Pooling or as authorized by DAS.

(C) License Plate Recognition (LPR) hardware and software may be used by DAS to monitor authorized Permit holders within Parking Facilities to enforce these rules, applicable parking codes, and statutes as deemed necessary by DAS.

(D) A holder of a Permit to an unreserved Parking Facility that is full may Park in an available space in another unreserved DAS Parking Facility with a call or voice mail message to DAS. The call or message must include the Permit holder’s name, Permit number (if applicable), Motor Vehicle license number, time of the call or message, which Parking Facility is full, and where the Motor Vehicle is Parked.

(d) Metered Spaces.

(A) Except as otherwise authorized by DAS, a person may Park at a Parking meter only with proper payment.

(B) Meters are enforced at the times and days posted on the individual meters.

(e) Motorcycle Permits allow Motorcycles, power scooters and mopeds to be Parked at any time in areas designated as “Motorcycle Parking” at State Parking Facilities. Motorcycle, power scooter, and moped Parking is prohibited in spaces designated for Bicycle Parking. Motor Vehicles and Autocycles are prohibited from Parking in Motorcycle designated spaces. Motorcycle Permit holders may not participate in Carpools.

(f) A person may have only one Motorcycle Permit issued to them at a time. Persons who have a reserved space or Permit for a Motor Vehicle and use a Motorcycle occasionally or seasonally may Park their Motorcycle in the lot or space they normally use for their Motor Vehicle. Under no circumstances may a person with a Permit for a Motor Vehicle and a Motorcycle use both at the same time nor may they allow another person to use one Permit while they use the other one at the same time.

(g) Service Vehicles identified with the name of the company on the vehicle may Park in designated service spaces for the posted time limits while providing services to State Agencies. Unmarked Service Vehicles must display a valid DAS Service Vehicle Permit to Park at a designated service space. No Service Vehicle, marked or unmarked, is permitted to Park for free at any other space or metered area except as directed and approved by DAS

(h) Visitors may Park at any metered space with proper payment. Visitor Parking spaces are provided in some Parking Facilities and in posted spaces. Visitor Permit holders shall not Park in reserved or other use-limited spaces, loading zones, fire lanes, or no-Parking zones.

(i) Bicycles.

(A) A person shall not park a Bicycle in any Parking Facility except in those areas specifically designated by the presence of racks or other devices for the parking of Bicycles or by the posting of signs designating the space or area as a “Bicycle Parking area.”

(B) Bicyclists shall secure their Bicycles from theft through the use of locks or chain devices.

(C) Where required, Bicycles may be Parked with a paid Permit in secure Bicycle rooms and lockers. Bicycles may be Parked without displaying a paid Permit at racks located in the public Bicycle Parking areas in Parking Facilities.

(D) Bicycles parked in any area designated for Motor Vehicle Parking, or chained to signposts, stairwells, trees or other structures not designated for Bicycle Parking are subject to being removed at the owner's expense, without notice and impounded according to OAR 125-090-0165.

(3) A Permit holder is solely responsible for immediately notifying DAS of any change in address, e-mail, place of employment, Motor Vehicle license number, or termination of State employment.

(4) Any employee removed from a DAS Parking space due to 100% remote work may return to DAS Parking, while working for the same agency, at a higher priority status (current parker P7) for a period of three (3) years.

History

Statutory/Other Authority: ORS 98.805-98.818, 184.340, 276.591-276.601 & 283.100
Statutes/Other Implemented: ORS 98.805, 276.591, 276.594 & 276.601
DAS 1-2025, adopt filed 04/14/2025, effective 04/15/2025

Or. Admin. R. 125-090-0105 Priority of Assignment; Reassignment; Waiting Lists

(1) DAS finds that there is more demand for Motor Vehicle Parking than spaces available in Parking Facilities. DAS shall reasonably attempt to observe the ascending order of Applicant priority in Section (2) for assigning vacant monthly Motor Vehicle Parking spaces in Parking Facilities. The Manager may, in the Manager’s sole discretion determine whether or not a Parking space is vacant or available for assignment under this rule.

(2) The priority of assignment, in order of highest to lowest priority, is as follows;

(a) Priority 10: State Employees with a Disability (see OAR 125-090-0095). P10 designation are not transferable to non-ADA placard holders for the purposes of Carpooling.

(b) Priority 9: State-owned Motor Vehicle that receives daily or frequent use or is regularly used by volunteers or field office personnel. Except as authorized by OAR 125-080-0075 or otherwise authorized by DAS, Agencies may not allow State Employees to use a State Agency paid space when the State Motor Vehicle is removed from the State Agency paid space.

(c) Priority 8: State Employees whose State Agency certifies that the State Employee must have their personal Motor Vehicle at the work site (only at the request of the Director of the State Agency and with the approval of the Manager). The Director’s request must clearly demonstrate why having the State Employee’s personal Motor Vehicle Parked at or in near proximity to the State Employee’s Work Location is vital to the successful completion of their State duties and the mission of the State Agency. P8 designation are not transferable with State Agency changes and are subject to reevaluation.

(d) Priority 7: A State Employee who:

(A) Requests to return to a Parking assignment after leaving the assignment to use Alternative Transportation Modes for a maximum of a three-month test period. After three months absence, priority “7” status is removed;

(B) Is currently Parking in a Parking Facility and has moved to another Work Location within the Capitol Mall Parking Area, the Eugene State Office Building or the Portland State Office Building;

(C) Is currently Parking in a Parking Facility and has transferred from one State Agency to another within the Capitol Mall Parking Area, the Eugene State Office Building or the Portland State Office Building;

(D) Returns from leave from DAS authorized Parking within less than one year (or within the period of active service plus 30 days if absent from State employment more than a year by reasons of service in the uniformed services as defined in the USERRA (38 U.S.C. 4301-4333). For purposes of this rule, a State Employee on approved leave without pay from State employment for one or more pay periods is on leave from DAS authorized Parking until returned to the State payroll system;

(E) Returns from a job rotation or temporary assignment of less than one year from outside the Capitol Mall Parking Area, the Eugene State Office Building or the Portland State Office Building

(F) Is currently Parking in a Parking Facility and asks for reassignment to a reserved space within the same Parking Facility. This does not apply to Motorcycle Permits; a State Employee may not obtain a Permit to Park a Motorcycle and then request a Priority 7 to Park a car, truck, SUV, etc. in a standard Parking space.

(G) Is returning to a seasonal work assignment and had a DAS space during their seasonal assignment the previous year. This priority is good only for consecutive years of seasonal assignments; skipping a year means the individual must begin the wait list process again.

(e) Priority 6: Carpool vehicles - Primary Participant with three or more other Members.

(f) Priority 5: Carpool vehicles - Primary Participant with two other Members.

(g) Priority 4: A State Employee with an Electric Vehicle and the Electric Vehicle requires access to an outlet or other vehicle charging infrastructure to replenish the batteries of the Electric Vehicle while at the Parking Facility. State Employees shall be subject to additional fees for accessing electricity and Electric Vehicle charging infrastructure. State Employees who received their assignment based on an Electric Vehicle status must maintain the additional Electric Vehicle charge for electricity; must drive an Electric Vehicle at least 75% of the State Employee’s work week; and actively use the EV charger at least 50% of the time, or the space will be cancelled, and the State Employee placed back on the wait list under the appropriate priority status;

(h) Priority 3: Carpool vehicles — Primary Participant with one other Member.

(i) Priority 2: Single driver - State Employee

(j) Priority 1: A contractor engaged by a State Agency to perform work on the State Agency’s behalf for a period of one month or more.

(3) DAS may maintain a waiting list for persons interested in Parking at a Parking Facility and at a particular reserved space within a Parking Facility. When making a Parking assignment, DAS will consider the priority level of the Applicant and Applicant’s position on the waiting list based on the date of the request. DAS may limit the number of waiting list positions that one person may hold simultaneously.

(4) DAS has the exclusive authority to assign and reassign use of space in Parking Facilities. DAS reserves the right to limit the use of a Parking Facility at or near a State Agency office to the Parking needs of the nearby State Agency and the State Agency’s employees.

(5) The Manager may temporarily or permanently reassign reserved spaces, at any time upon notice to Permit holder, when the Manager determines reassignment is in the best interest of the State. Reassignment may include a different space or a different Parking Facility.

(6) The Manager may temporarily or permanently reassign reserved spaces or designate special Parking spaces through hooding of meters or other means to implement safe Parking for State Employees who are endangered through domestic violence or other credible threats. Requests for this accommodation must be made through and verified as a credible threat by the human resources or personnel department of the State Agency where the State Employee resides.

History

Statutory/Other Authority: ORS 98.805-98.818, 184.340, 276.591-276.601 & 283.100
Statutes/Other Implemented: ORS 98.805, 276.591, 276.594 & 276.601
DAS 1-2025, adopt filed 04/14/2025, effective 04/15/2025

Or. Admin. R. 125-090-0115 Other Parking and Transportation Uses Provided; Visitor with Disabilities

Notwithstanding OAR 125-090-0004 through 125-090-0145, DAS may provide the following types of Parking and other transportation uses in Parking Facilities:

(1) Designated reserved or unreserved free daily or monthly Parking for those statewide elected officials who Park in Parking Facilities. For elected officials with dignitary protection unit (DPU), DAS may provide additional parking spaces at no cost for the DPU vehicles.

(2) Free Parking spaces designated for the exclusive use of Motor Vehicles during the loading and unloading of passengers or cargo and reserved for the exclusive use of Service Vehicles.

(3) Spaces designated by special use agreement for Parking and other Parking Facility uses to benefit the general public, the local community or the State. DAS may make special use Permits available for this purpose. Parking availability is the decision of the Manager or designated staff. For some uses, DAS may require a written agreement with regard to Permit distribution, charges, and related considerations.

History

Statutory/Other Authority: ORS 98.805-98.818, 184.340, 276.591-276.601 & 283.100
Statutes/Other Implemented: ORS 98.805, 276.591, 276.594 & 276.601
DAS 1-2025, adopt filed 04/14/2025, effective 04/15/2025

Or. Admin. R. 125-090-0125 Space Sharing Program (SSP)

(1) Subject to these rules and as otherwise directed by DAS, State Employees with a monthly reserved or unreserved Permit may register other State Employees within DAS’ parking management system to establish a Shared Space. The State Employee to whom the Permit is assigned by DAS becomes the Primary Participant. The other State Employees that the Primary Participant registers in the Space Sharing Program within DAS’ parking management system are designated as Members.

(2) A Primary Participant must complete an application for a Permit and a State payroll deduction authorization for the applicable amount stated in OAR 125-090-0025 to obtain a monthly Permit.

(3) DAS will issue only one monthly Permit per Shared Space, which is shared among the Primary Participant and the Member(s) while the Space Sharing agreement is in effect. The monthly Permit authorizes Shared Space Parking in a reserved or unreserved space in an assigned Parking Facility. Where a physical Permit is required, it must be hanging from the rear-view mirror or on the vehicle dashboard, facing out and clearly displayed.

(4) The Primary Participant is responsible for completion and updating of all required documents for registering the SSP in the DAS parking management system. Failure to comply will result in rescinding of the SSP authorization.

(5) The Shared Space will be registered to the Permit record of the Primary Participant within DAS’ parking management system. Information that must be provided on the SSP registration form includes, but is not limited to:

(a) The name of Primary Participant and all Member(s) in the Space Sharing Program.

(b)The license plate number, year, make, and model of all Motor Vehicles for all Primary Participants and Members in the Space Sharing Program.

(6) The Primary Participant is responsible to update any changes in the Primary Participant and Member Motor Vehicles to DAS Parking – no later than the next business/work day.

(7) A SSP Member has no rights or authority concerning a Primary Participant’s Permit or Parking space assignment. DAS Parking will not provide to any Member any information concerning the Primary Participant’s parking assignment. Parking assignments will not be transferred from a Primary Participant to a Member.

(8) A Permit for a SSP authorizes Parking for only one Motor Vehicle in the Parking Facility at any time. Members violate this rule if more than one Motor Vehicle in a SSP uses or attempts to use the same Permit in any qualifying Parking Facility at the same time.

(9) While registered in the Space Sharing Program, a Member may not:

(a) Be a Smart Commuter Program Member.

(b) Have an assigned Permit in a DAS Parking Facility.

(10) Where a Primary Participant collects monetary compensation from Member(s), the total amount collected from the Member(s) using the Space Sharing Program may not exceed the rate charged for the space by DAS and must be divided as equitably as possible to the nearest dollar amongst the Primary Participant and Member(s). The total amount the Primary Participant collects from the Member(s) may not exceed the monthly fee for the space.

(11) A Shared Space is valid until cancelled by the Primary Participant or the Permit for the Shared Space is cancelled by payroll or DAS Parking.

(12) A Member may obtain a Motorcycle Permit while registered in a Space Sharing Program.

(13) DAS may deny renewal of or cancel SSP Parking authorization for violation of these rules. Under OAR 125-090-0155, DAS may cite and prosecute each Member for any violation of these rules.

(14) No employee may obtain a parking space from DAS Parking who is 100% working remotely.

(15) Any variation may be considered by the Manager.

History

Statutory/Other Authority: ORS 98.805-98.818, 184.340, 276.591-276.601 & 283.100
Statutes/Other Implemented: ORS 98.805, 276.591, 276.594 & 276.601
DAS 1-2025, adopt filed 04/14/2025, effective 04/15/2025

Or. Admin. R. 125-090-0132 Carpool/Vanpool Incentives

(1) When capitalized in these rules:

(a) “Carpool” means a registered group of an eligible State Employee and one or more employed others who use a ride-sharing arrangement to commute to work together in a Carpool area no fewer than 3 days of a 5-day work week. Any other alternative work schedule needs to be approved by DAS. For the purposes of OAR 125-090-0132, a “Vanpool” qualifies as and has the same meaning as “Carpool”

(b) “Carpool Area” means any one of these qualifying Carpool areas:

(A) “Downtown Eugene Area” means the area within the City of Eugene bounded by Third Street on the north, Fairmount Street on the east, 24th Street on the south and Washington Street on the west.

(B) “Downtown Portland Area” means the area within the City of Portland bounded by Hoyt Street on the north, the Willamette River on the east and I-405 on the south and west.

(C) “Lloyd District Area” means the area within the City of Portland bounded by Broadway on the north, N.E. 16th on the east, I-84 on the south and Martin Luther King Jr. Blvd. on the west.

(D) “Salem Area” means the area within the City of Salem bounded by Market Street on the north, 17th Street on the east, Mission Street on the south and the Willamette River on the west. The Capitol Mall Parking Area is in the Salem Area.

(d) “Primary Participant” means the State Employee Member with responsibility for certifying Membership in a Carpool and paying the charge for the monthly Permit for the Carpool.

(e) “Workday” – The State of Oregon official HR system of record.

(2) To encourage participation in Carpools, DAS may offer priority parking space assignments and Carpool reductions to the base rate established in the Schedule of Base Rates and Charges. Such incentive reductions will be based upon the number of Members in each Carpool. Carpool incentive reductions are available only to full time parking Primary Members. Any variation will need to be approved by DAS.

(3) A Member may not obtain a Motorcycle Permit while registered in a Carpool.

(4) A State Employee must complete an application and a State payroll deduction authorization for the applicable amount stated in OAR 125-090-0065 to obtain a monthly Permit at a Carpool rate. In addition to providing any information required in the application form prescribed by DAS, an Applicant shall provide:

(a) The license plate number, year, make, and model of all Motor Vehicles participating in the Carpool, and provide all of the following information for each Member. Each Carpool Member is limited to 2 registered Motor Vehicles. No duplicate license plates are allowed:

(b) Name of Primary Participant and all Members in the Carpool.

(c) Work e-mail, work phone number and primary work address has listed in Workday (State Employees). If the Member is a non-State Employee, they must fill out the Carpool Rider - Non-State form and provide all pertinent information;

(d) All Members must provide a handwritten signature or certified electronic signature on the application and semi-annual recertification;

(5) While in a Carpool, a Member may not:

(a) Register concurrently in any other Carpool or;

(b) Participate in a Smart Commuter Program;

(6) DAS will issue only one Permit number per Carpool, which number is transferable among the Member Motor vehicles. The monthly Permit authorizes Carpool Parking in an assigned space or an unreserved space in an assigned Parking Facility. Where a physical Permit is required, it must be hanging from the rear-view mirror (or vehicle dashboard) facing out and clearly visible displayed in a Carpool Motor Vehicle Parked at a Parking Facility.

(7) Carpool certifications under this section expire on the last day of each semi-annual period. DAS will not renew a monthly Permit with a Carpool incentive reduction until DAS receives the required recertification.

(8) In order to qualify for an incentive reduction;

(a) A Carpool must Include at a minimum two Members, at least one of which must be a State Employee in the State payroll system, and all of which must work within the Salem Area, the Downtown Eugene Area, the Lloyd District, or the Downtown Portland Area; and

(b) A Van Pool must include at a minimum 6 Members, at least one of which must be a State Employee in the State payroll system, and all of which must work within the Salem Area, the Downtown Eugene Area, the Lloyd District, or the Downtown Portland Area;

(c) Certify semi-annually in Writing to DAS the composition of the Carpool. Carpool incentive reductions are available only to full time Parking Members. Any variation will need to be approved by DAS. DAS will notify the Primary Participant when recertification is required.

(d) The Primary Participant is responsible for completion of all required renewal documents and returning these documents to DAS within the timeframe specified in the recertification notification. Failure to comply will result in rescinding of the Carpool certification and the Carpool incentive reduction to the Primary Participant. If the Carpool seeks to recertify after the specified renewal timeframe, the start date of the Carpool will be reset to the date when the documentation was submitted.

(9) DAS will register the Carpool in the name of the Primary Participant who will receive a Carpool incentive reduction on the monthly Permit.

(10) The Primary Participant is responsible to report any changes to the Members and Motor Vehicles in the Carpool to DAS in Writing immediately – no later than the next business/work day. Members added or removed from the Carpool before the fifteenth of the month will affect the Carpool rate for that month. Members added or removed from the Carpool after the fifteenth of the month will affect the Carpool rate for the following month.

(11) A Carpool or Parking space assignment may be transferred within the Carpool from the Primary Participant to another State Employee Member who has been a member of the Carpool for a minimum of six months, so long as the group continues to meet the conditions outlined in section (5) of this rule. The new Primary Participant must submit in Writing to DAS the composition of the Carpool membership at the time the Parking Permit is transferred. The Members must complete the process in section (4) of this rule.

(12) A Permit for a Carpool authorizes Parking for only one Motor Vehicle in the Carpool Area at any time. A Permit for a Carpool is valid only in the Motor Vehicle where it is displayed and only for the Motor Vehicles registered to the Carpool. Carpool Members violate this rule if more than one Motor Vehicle uses or attempts to use the same Permit in the qualifying Carpool Area at the same time.

(13) DAS limits to six, in any ninety-day period, the number of times a Carpool may call in to be authorized by Motor Vehicle license to Park without displaying the Permit. An authorization by DAS to Park without displaying a Permit is invalid if the numbered Permit for the Carpool is found displayed at the same time in another Motor Vehicle in the Carpool Area. The Carpool Member who is NOT displaying the Permit will be subject to citation.

(14) Subject to the discretion of DAS, which considers such factors as the wait list:

(a) A Parking Facility assignment or a reserved Parking space assigned to a Primary Participant in a Carpool may be retained by or transferred to an individual State Employee Member of the Carpool at the non-Carpool rate if that Member has been a member of the Carpool for at least the two immediately preceding years, and no other transfer of the Parking Facility assignment or assigned reserved Parking space is requested by any other Member of the Carpool.

(b) DAS will give priority among two or more requesting eligible Members in the following order to the Member who:

(A) Was the current Primary Participant of the Carpool;

(B) Has been a continuous member of the Carpool for the longest time (Carpool start date); or

(c) When a member is absent from the Carpool due to approved leave, the leave time will count toward the total amount of time for participation in the Carpool.

(d) If a Carpool member leaves the Carpool for any reason, the Primary Participant has one month from the date of notification to DAS to find another participating member. If the Primary Participant leaves the Carpool, section (8) of this rule applies. If a new Member cannot be found within the one-month period, in the case of a two-person Carpool, the space will be rescinded if section (11) does not apply. In the case of a multiple Member Carpool, the Carpool incentive will be reduced accordingly.

(15) DAS shall review the incentives available for Carpools from time to time, and DAS may adjust the incentives and provide additional incentives to encourage the use of Carpools. The Carpool incentive reductions are in the Schedule of Base Rates and Charges.

(16) DAS may deny renewal of or cancel Carpool Parking authorization for violation of this rule. Under OAR 125-090-0155, DAS may cite and prosecute each Member for any violation of these rules.

(17) The Carpool time requirement starts over when the Parking assignment is changed to a new location or when the recertification request was received more than 1 month past the recertification deadline.

(18) Carpool Parking received due to the Primary Participant using an ADA placard will not be transferred to the Members.

(19) Any variation may be considered by the Manager.

History

Statutory/Other Authority: ORS 98.805-98.818, 184.340, 276.591-276.601 & 283.100
Statutes/Other Implemented: ORS 98.805, 276.591, 276.594 & 276.601
DAS 1-2025, adopt filed 04/14/2025, effective 04/15/2025

Or. Admin. R. 125-090-0138 Alternative Transportation Modes Incentive Programs

(1) DAS may provide incentive programs to encourage the use of Alternative Transportation Modes. The goals of these programs are to reduce traffic volume and Parking demand, improve air quality, and reward the efforts of State Employees who leave their cars at home.

(a) DAS may provide these incentives from Parking Facility receipts. The program incentives are subject to available funding. DAS may increase or reduce incentives provided and the number of program Participants.

(b) To receive the incentives, an Applicant must meet the applicable program requirements, complete the application process, and pay any applicable charge.

(2) DAS administers the following incentive program for State Employees: The Smart Commuter Program is available to State Employees. Smart Commuter Program Participants receive Smart Commuter Parking Permit and other incentives as DAS may provide.

(a) To be eligible to participate in the Smart Commuter Program, an Applicant must meet all of the following requirements each year:

(A) Be a State Employee whose Work Location is in the Capitol Mall Parking Area or the Portland State Office Building.

(B) Use an Alternative Transportation Mode to commute to the State Employee’s Work Location more than half of the Applicant’s working days each month. Any one or combination of the following Alternative Transportation Modes qualifies (Motorcycle and Carpool transportation is not an Alternative Transportation Mode): public transit, rail, van pool, commuter bus, Bicycle, or walk from home or from a Park and ride lot; and

(D) Agree to abide by the Smart Commuter Program rules.

(b) State Employees who Lease Parking in a private, public lot or who are Participants in a Carpool or participate in a Carpool with assigned Parking in a City of Salem or City of Portland Carpool Area are not eligible for the Smart Commuter Program.

(A) Program incentives include Smart Commuter Parking Permits for use on not more than two business days per month when validated.

(B) A Participant in the Smart Commuter Program may use each Permit to Park a Motor Vehicle for a workday in unreserved Parking Facilities and at two-hour or greater metered areas in the Capitol Mall Parking Structure, and as otherwise specified by DAS on the Permit.

(C) A Participant in the Smart Commuter Program may use each Permit to Park a Motor Vehicle for a workday in unreserved Parking spaces, at pay and Park spaces at Portland State Office Building, and as otherwise specified by DAS on the Permit. At Portland State Office Building, Smart Commuter Permits may not be used at two hour or less pay and Park spaces.

(D) The Permit must be validated by marking the date it is used. There is no carryover of unused days from one month to the next.

(E) A Smart Commuter Permit is not transferable and is not replaceable if lost or stolen.

(F) A Smart Commuter Program Participant must notify DAS in Writing when the individual changes State Agency employment or is no longer eligible for the Smart Commuter Program. Permits expire when the State Employee ceases to be eligible to participate. Expired Permits are invalid, and users may be cited. Unused Permits must be returned to DAS.

(G) Smart Commuter Program Participants must recertify eligibility each June, or as specified by DAS, for renewed participation for the next 12 months.

History

Statutory/Other Authority: ORS 184.340, 276.591 - 276.601 & 283.100
Statutes/Other Implemented: 276.601, ORS 276.591 & 276.594
DAS 1-2024, renumbered from 125-090-0160, filed 12/19/2024, effective 12/19/2024
DAS 5-2022, amend filed 06/29/2022, effective 07/01/2022
DAS 1-2021, amend filed 06/16/2021, effective 07/01/2021
DAS 7-2009, f. & cert. ef. 7-1-09

Or. Admin. R. 125-090-0145 Permit Cancellation; Refunds; Replacement Permits

(1) A Permit holder may cancel a monthly Permit at any time for any reason, by providing notice in Writing to DAS and returning any Permit or placard issued by DAS. The notice must specify the DAS assigned Permit number to be cancelled and the effective date of the cancellation. The Permit holder is obligated to pay for the Permit until notice of cancellation is received by DAS. DAS may charge a monthly fee for any unreturned Permits. DAS will charge a fee for lost Permits. Fees not paid within 30 days of cancellation are subject to additional monthly fees.

(2) DAS will not prorate or refund payment for any unused time on monthly Permits:

(3) DAS will not prorate charges or refund payment for any other Permit.

(4) DAS shall refuse to consider any dispute about Parking charges presented more than 15 days after the payment.

(5) A customer canceling a Permit to use any of the secured Parking Facilities, rooms or lockers for Bicycle Parking is not entitled to any refund of the current year's annual charge. Any key issued to a Permit holder for Bicycle Parking in a Parking Facility is DAS property. The Permit holder must return the key to DAS when the Permit expires or is cancelled. Upon receipt of the key DAS will refund any key deposit paid. Key deposits may not be refunded if the Bicycle fees have not been paid in previous years.

(6) A monthly Permit issued to a State Employee is cancelled effective the last day of the month that the Permit holder’s employment or other agreement for services to the State ends (or as determined by DAS). State Employees who are retiring and returning to temporary employment at the same Work Location within sixty (60) days of their termination date may continue to pay for their Parking space on a month-to-month cash payment basis as a private individual until their temporary assignment begins when they shall resume payment of their space through a payroll deduction provided there is no interruption in payment.

(7) Placards and decals issued by DAS are the property of DAS and must be removed from the vehicle and returned to the DAS at the address on the DAS website.

(8) DAS may provide replacement Permits to monthly Parking Permit holders at the charge stated on the DAS Fleet & Parking Services website. To replace lost or stolen Permits, Permit holders may be required to sign a statement attesting to the circumstances of the loss or theft. Permit holders are required to contact DAS immediately upon discovery of the loss or theft of a Permit.

(9) DAS reserves the right to terminate immediately upon notice to the Permit holder, or at such later date as DAS may establish in such notice, a monthly or reserved Permit when it is in the best interest of the State to do so.

History

Statutory/Other Authority: ORS 98.805 - 98.818, 184.340, 276.591 - 276.601 & 283.100
Statutes/Other Implemented: 276.601, ORS 98.805, 276.591 & 276.594
DAS 1-2024, renumbered from 125-090-0090, filed 12/19/2024, effective 12/19/2024
DAS 4-2022, amend filed 05/10/2022, effective 05/15/2022
DAS 1-2021, amend filed 06/16/2021, effective 07/01/2021
DAS 7-2009, f. & cert. ef. 7-1-09
DAS 4-2001, f. 5-31-01, cert. ef. 6-1-01
DAS 7-2000(Temp), f. & cert. ef. 12-11-00 thru 6-8-01
DASII 1-1996, f. & cert. ef. 3-1-96

Or. Admin. R. 125-090-0155 Enforcement

(1) DAS shall investigate and administer the application of these rules in the Parking Facilities, with its own personnel or it may enter into agreements with other State Agencies, public jurisdictions or private concerns to provide such services.

(2) DAS may enter into agreements with local jurisdictions to adjudicate Parking citations issued in accordance with these rules.

(a) Such an agreement exists with the City of Salem, the Parking Facilities in the City of Salem, in accordance with Salem Revised Code, Chapter 102. Citations shall be processed and prosecuted in the Municipal Court of the City of Salem.

(b) Such an agreement exists with Multnomah County, the Parking Facilities at the Portland State Office Building. Citations shall be processed and prosecuted in the District Court of the State of Oregon for Multnomah County.

(3) Parking Facilities shall be subject to all local Parking and traffic ordinances. Such ordinances are adopted and made a part of this rule.

(4) Bails and penalties shall be as indicated on the citation.

(5) Motor Vehicles found to be in violation of these rules may be impounded in place or towed away. Motor Vehicles towed away will be impounded by the towing company called out to perform the tow. If contacted by the Motor Vehicle owner, DAS will provide the name and phone number of the tow company in possession of the Motor Vehicle. The tow company shall follow all ORS’ and rules applicable to towed and impounded Motor Vehicles. All fines, tow charges, and impound charges applicable to the removal of the Motor Vehicle are the responsibility of the Motor Vehicle owner and shall be paid solely by the Motor Vehicle owner directly to the towing company.

History

Statutory/Other Authority: ORS 98.805 - 98.818, 184.340, 276.591 - 276.601 & 283.100
Statutes/Other Implemented: 276.601, ORS 98.805, 276.591 & 276.594
DAS 1-2024, renumbered from 125-090-0130, filed 12/19/2024, effective 12/19/2024
DAS 1-2021, amend filed 06/16/2021, effective 07/01/2021
DAS 7-2009, f. & cert. ef. 7-1-09
DASII 1-1996, f. & cert. ef. 3-1-96

Or. Admin. R. 125-090-0165 Authority to Remove or Impound Bicycles or other Unclaimed Property

(1) DAS may impound any Bicycle Parked in violation of OAR 125-090-0095(2)(i)(D), causing a safety hazard in a Parking Facility, or abandoned in a Parking Facility by locking it at the Parking Facility or removing it to an impounded storage area. A Bicycle left overnight longer than seven consecutive days without authorization from DAS is considered stored in violation of these rules. Bicycles stored at a Parking Facility in violation of these rules and bicycles not removed from a Parking Facility for more than thirty days will be considered abandoned.

(2) DAS shall reasonably attempt to leave a notice with DAS contact information at a Bicycle locked at the Parking Facility and at a site from which DAS removed a Bicycle. DAS shall send notice of impoundment as soon as practical and whenever reasonably possible to the owners of all Bicycles impounded under this rule.

(3) DAS shall dispose of unclaimed and abandoned Bicycles and other unclaimed property through the DAS State Surplus Program.

History

Statutory/Other Authority: ORS 98.805-98.818, 184.340, 276.591-276.601 & 283.100
Statutes/Other Implemented: ORS 98.805, 276.591, 276.594 & 276.601
DAS 3-2025, minor correction filed 11/14/2025, effective 11/14/2025
DAS 1-2025, adopt filed 04/14/2025, effective 04/15/2025

Or. Admin. R. 125-090-0175 Rescission, Refusal to Issue or Renew; Appeal Process

(1) DAS may rescind an existing Parking assignment, refuse to authorize Parking to, and may refuse to renew the authorization of, any person who:

(a) Made a material misrepresentation or false statement in the application or certification for a Permit,

(b) Made a material misrepresentation or false statement in the investigation of any Parking matter,

(d) Displayed a forged or altered Permit or a Permit reported lost or stolen,

(e) Failed to pay the appropriate charges for Parking Facilities use,

(f) Caused damage to Parking Facilities property,

(g) Failed to comply with the recertification requirements of a Permit.

(h) Violated the rules in this OAR, any policies, or procedures as published by DAS on the use of the Parking Facilities.

(i) Through their communications or other actions have demonstrated that the State’s best interests, as determined by DAS, are to deny them access to DAS controlled Parking Facilities.

(j) Failed to supply valid written or certifiable electronic signatures on DAS required documents or provided forged signatures on DAS required documents.

(2) DAS may refuse to issue or to renew authorization for any of the reasons stated in this rule only after giving notice and an opportunity for an appeal. DAS shall send a notice to Applicant by e-mail of DAS’s intent to refuse to issue or renew authorization to Park. DAS shall send the notice to the e-mail addresses in the refused application or last address on file with DAS.

(3) The Manager shall provide an opportunity for an appeal of disputed rescissions, refusals to issue or renew if requested in Writing by the appealing party. The appeal must be received by DAS within 14 days of the notice. The Manager shall review the appeal without formal rules of evidence and shall provide an opportunity for presentation of circumstances surrounding the disputed decision. The Manager shall issue a decision in Writing. The Manager is not required to make findings of fact and conclusions of law. The Manager’s decision is final.

(4) When DAS has refused to renew a parking Permit, a Permit holder shall immediately return all Permits and placards to DAS.

(5) A person whose authorization to use Parking Facilities is rescinded, refused or not renewed under this section is not eligible to apply for use of Parking Facilities for a period to be determined by Manager based on the facts of the circumstances and whether the person has previously been the subject of rescissions, refusal or non-renewal by DAS.

(6) Sections (2) and (3) above do not apply for situations where DAS must take immediate action to rescind Parking, refuse Parking, or deny access to an individual to safeguard the Parking Facilities, Parking Facility users, and the public. DAS may engage with State and local law enforcement as necessary for this purpose. The Manager shall document the circumstances, the action taken, and coordinate with Agency human resources offices and law enforcement as appropriate.

History

Statutory/Other Authority: ORS 98.805 - 98.818, 184.340, 276.591 - 276.601 & 283.100
Statutes/Other Implemented: 276.594, ORS 98.805 & 184.340
DAS 1-2024, renumbered from 125-090-0135, filed 12/19/2024, effective 12/19/2024
DAS 4-2022, amend filed 05/10/2022, effective 05/15/2022
DAS 1-2021, amend filed 06/16/2021, effective 07/01/2021
DAS 7-2009, f. & cert. ef. 7-1-09

Division 110 LAND USE COORDINATION

Or. Admin. R. 125-110-0001 Land Use Program Coordination Rules

(1) This division is applicable to the approval of projects under the following Department programs. These programs are:

(a) Capital Construction and Improvement Program;

(b) State Office Facility Leasing Program;

(d) Conservation of Department-Owned Historic Real Property Program; and

(e) Any other Department program subsequently determined to affect land use pursuant to OAR 660-030.

(2) In order to approve or undertake a project under a program listed in subsections (1)(a)–(e) of this rule, the Department shall find that the project complies with the Statewide Planning Goals and is compatible with acknowledged city and county comprehensive plans and land use regulations. To make its goal compliance and plan compatibility findings, the Department shall comply with sections (2)–(6) of this rule and shall also adhere to the procedures in the Department’s state agency coordination program which is hereby adopted by reference.

(3) The Department shall satisfy its goal compliance and plan compatibility findings for a project approved under the Capital Construction Program in the Salem metropolitan area and subject to the jurisdiction of the Capitol Planning Commission (CPC) by adhering to the CPC’s land use coordination rules in OAR 110, division 10, and the procedures contained in the CPC’s certified State Agency Coordination Program.

(4) The Department shall make its goal compliance and plan compatibility findings for each project approved under the State Office Facility Leasing Program based on information provided to the Department by the project’s lessor or developer.

(5) A Lessor or developer seeking approval of a project under the State Office Facility Leasing Program shall provide the Department information documenting the project’s compliance with the statewide planning goals and compatibility with applicable acknowledged comprehensive plans and land use regulations. Such documentation shall include one or more of the following:

(a) A copy of the local land use permit, building permit or occupancy permit from the city or county planning agency, building department or governing body that the project has received the jurisdiction’s approval; or

(b) A copy of a letter from the local planning agency, building department or governing body stating that the project in question is permitted under the jurisdiction’s comprehensive plan, land use regulations and development codes, but does not require specific approval by the jurisdiction; or

(c) A copy of the lessor’s covenant in the project’s lease agreement that attests to the fact that the proposed use of the leased premises as a state office facility complies with all applicable federal, state and local statues, regulations, ordinances and codes, including the acknowledged comprehensive plan and land use regulations of the city or county in which the leased facility is located; or

(d) Other information and documentation provided to the Department equivalent to subsection (5)(a), (b) or (c) of this rule including, but not limited to, written testimony presented to the Department from an authorized representative from the affected city or county.

(6) The Department shall make goal compliance and plan compatibility findings for each project approved under the Surplus Public Service Land Management Program and the Conservation of Department-Owned Historic Real Property Program. Such findings shall be based on information and documentation from one or more of the following:

(a) A copy of the local land use permit from the city or county planning agency or the local governing body that the project has received land use approval; or

(b) A copy of a letter from the local planning agency or governing body stating that the project in question is permitted under the jurisdiction’s comprehensive plan and land use regulations, but does not require specific approval by the jurisdiction;

(c) Other information and documentation provided to the Department equivalent to subsection (6)(a) or (b) of this rule, including, but not limited to, written testimony presented to the Department from an authorized representative from the affected city or county.

History

Statutory/Other Authority: ORS 283.060
GS 3-1989, f. 8-11-89, cert. ef. 9-1-89

Division 120 RENTING OR LEASING OFFICE QUARTERS

Or. Admin. R. 125-120-0000 Definitions

For the purposes of OAR 125-120-0000 through 125-120-0200, to be referred to as the "Leasing Rules", the term:

(1) "Administrator" means the Administrator of the Enterprise Asset Management Division of the Department of Administrative Services.

(2) "Agency" or "state agency" means any state officer, board, commission, department, institution, branch, or agency of the state government.

(3) "Department" means the Department of Administrative Services.

(4) "Director" means the Director of the Department of Administrative Services.

(5) "Facilities Division" or "Division" means the Real Estate Services Program, Enterprise Asset Management Division of the Department of Administrative Services.

(6) "Lease" means a lease for office quarters between an agency and a lessor other than the Department, including interagency and intergovernmental lease or sublease.

(7) "Office quarters" means office space, office buildings and associated service, storage and parking facilities for state agencies, and may include factory-built, modular, or portable units, but excludes stand-alone storage and parking facilities.

(8) “Significant Lease” means office space, office buildings and associated service, storage and parking facilities for state agencies, and may include factory-built, modular, or portable units, but excludes stand-alone storage and parking facilities.

History

Statutory/Other Authority: ORS 184.340
Statutes/Other Implemented: ORS 276.420 & 276.428
DAS 1-2015, f. 4-2-15, cert. ef. 4-5-15
DASII 5-1997, f. 5-27-97, cert. ef. 6-1-97
GS 26-1990, f. & cert. ef. 11-29-90
GS 13-1990(Temp), f. 5-30-90, cert. ef. 6-1-90

Or. Admin. R. 125-120-0010 Exemptions

Notwithstanding OAR 125-120-0000(2), the Legislative Assembly, the courts and their officers and committees, and the Secretary of State and the State Treasurer in the performance of the duties of their constitutional officers are exempted from complying with OAR 125-120-0000 through 125-120-0200 (the leasing rules), unless any of these exempted parties chooses to request services of the Department for any office space assignments or for leasing services for acquiring privately owned office quarters; in which cases all applicable provisions of the leasing rules shall be followed.

History

Statutory/Other Authority: ORS 276.428 & 283.060
GS 26-1990, f. & cert. ef. 11-29-90
GS 13-1990(Temp), f. 5-30-90, cert. ef. 6-1-90

Or. Admin. R. 125-120-0020 Assignment of Office Quarters

(1) When an agency requires an assignment of office space or leased office quarters, the agency shall first estimate the space requirements, in accordance with the Department’s Office Space Standards, DAS Policy 125-6-100, and submit a completed Space Assignment Request form to the Division.

(2) Facilities Division shall review and approve Space Assignment Requests and shall allocate office quarters in the following order of priority: first, office quarters owned or managed by the Department, when available and feasible; second, other state-owned or state-leased office quarters when available and feasible; third, and only if neither of the foregoing office quarters is available and feasible will the Department consider approving any lease for office quarters. The State Capitol and the Supreme Court Building are not subject to space assignment by the Department.

History

Statutory/Other Authority: ORS 184.340
Statutes/Other Implemented: ORS 276.410
DASII 5-1997, f. 5-27-97, cert. ef. 6-1-97
GS 26-1990, f. & cert. ef. 11-29-90
GS 13-1990(Temp), f. 5-30-90, cert. ef. 6-1-90

Or. Admin. R. 125-120-0030 Allotment of Space in Office Quarters (ORS 270.410)

Allotment of space in all leased office quarters shall be guided by the Department’s Office Space Standards (Policy #125-6-100).

History

Statutory/Other Authority: ORS 276.428 & 283.060
GS 26-1990, f. & cert. ef. 11-29-90
GS 13-1990(Temp), f. 5-30-90, cert. ef. 6-1-90

Or. Admin. R. 125-120-0040 Measuring Office Quarters

The Division will use the standards of the American National Standards Institute (ANSI) as adopted by the Building Owners and Managers Association (BOMA) as a guide in measuring office space.

History

Statutory/Other Authority: ORS 184.340
Statutes/Other Implemented: ORS 276.410
DASII 5-1997, f. 5-27-97, cert. ef. 6-1-97
GS 26-1990, f. & cert. ef. 11-29-90
GS 13-1990(Temp), f. 5-30-90, cert. ef. 6-1-90

Or. Admin. R. 125-120-0050 Space Allocation/Rental Agreement

(1) Agencies occupying Department-owned office quarters shall sign and comply with the Department’s Space Assignment/Rental Agreement.

(2) The Division may charge and collect from any agency violating the terms of such Agreement, the cost of correcting the damages resulting from the agency’s violations.

History

Statutory/Other Authority: ORS 184.340
Statutes/Other Implemented: ORS 276.428
DASII 5-1997, f. 5-27-97, cert. ef. 6-1-97
GS 26-1990, f. & cert. ef. 11-29-90
GS 13-1990(Temp), f. 5-30-90, cert. ef. 6-1-90

Or. Admin. R. 125-120-0060 Complying With Local Policies

All facility siting shall comply with local land use plans, and if possible, community development policies, pursuant to Department of Administrative Services’ OAR 125-110-0001 (the Land Use Coordination Rule).

History

Statutory/Other Authority: ORS 184.340
Statutes/Other Implemented: ORS 276.428
DASII 5-1997, f. 5-27-97, cert. ef. 6-1-97
GS 26-1990, f. & cert. ef. 11-29-90
GS 13-1990(Temp), f. 5-30-90, cert. ef. 6-1-90

Or. Admin. R. 125-120-0070 Leasing Authority

(1) The Department, acting through its Facilities Division, shall supervise and conduct negotiations for all leases, rental agreements and related site selections for office quarters, unless otherwise authorized by the Division in writing.

(2) No lease or rental agreement shall be binding upon the state or any agency unless such lease or rental agreement has been approved by the Division in accordance with ORS 276.428.

(3) The tenant agency Representative, as identified by the Division to the lessor, may communicate with build-to-suit lessors during construction, and with other lessors during remodeling or renovations of office quarters. The tenant agency representative shall not communicate changes in the scope or specifications of lessor’s work directly with lessor’s contractor(s), unless so authorized by the lessor. In any case, all change orders must be processed through Facilities Division.

History

Statutory/Other Authority: ORS 184.340
Statutes/Other Implemented: ORS 276.428
DASII 5-1997, f. 5-27-97, cert. ef. 6-1-97
GS 26-1990, f. & cert. ef. 11-29-90
GS 13-1990(Temp), f. 5-30-90, cert. ef. 6-1-90

Or. Admin. R. 125-120-0075 Technical Assistance and Leasing Services for Non Office Quarters

(1) Leases for facilities other than office quarters (such as prisons, medical clinics, dormitories, laboratories) are not subject to the Departments’s supervision and approval and are exempted from complying with OAR 125-120-0000 through 125-120-0200 (the Leasing Rules).

(2) Upon written request from an agency, the Facilities Division may provide leasing services and technical assistance in any manner it deems appropriate to best serve the interests of the state.

History

Statutory/Other Authority: ORS 184.340
Statutes/Other Implemented: ORS 276.428
DASII 5-1997, f. 5-27-97, cert. ef. 6-1-97

Or. Admin. R. 125-120-0080 Subleases by an Agency

(1) Facilities Division must review and approve all subleases by or for all agencies subject to the Leasing Rules.

(2) Any agency that has office space that is not needed for agency purposes, which the agency believes it is feasible to backfill, shall inform the Division. The Division will provide assistance to the agency in back filling the surplus space.

History

Statutory/Other Authority: ORS 184.340
Statutes/Other Implemented: ORS 276.428
DASII 5-1997, f. 5-27-97, cert. ef. 6-1-97
GS 26-1990, f. & cert. ef. 11-29-90
GS 13-1990(Temp), f. 5-30-90, cert. ef. 6-1-90

Or. Admin. R. 125-120-0090 Leasing or Renting Involvement of a Requesting Agency

(1) When the Division determines it to be in the best interests of the state, the Division may delegate to a requesting agency, in writing, certain aspects of the leasing process under the guidance and supervision of the Division.

(2) An agency may seek rental market information, but an agency shall not make commitments to lease or negotiate a lease unless authorized in writing by the Division.

History

Statutory/Other Authority: ORS 184.340
Statutes/Other Implemented: ORS 276.428
DASII 5-1997, f. 5-27-97, cert. ef. 6-1-97
GS 26-1990, f. & cert. ef. 11-29-90
GS 13-1990(Temp), f. 5-30-90, cert. ef. 6-1-90

Or. Admin. R. 125-120-0100 Lease Renewal

(1) Approximately eighteen months before an agency's lease expires, Division will notify the agency in writing and request the agency's plans for office quarters upon expiration of its lease.

(2) The agency shall respond within thirty days of receipt of the notice and inform Division of its plans for office quarters.

History

Statutory/Other Authority: ORS 184.340
Statutes/Other Implemented: ORS 276.428
DAS 1-2015, f. 4-2-15, cert. ef. 4-5-15
DASII 5-1997, f. 5-27-97, cert. ef. 6-1-97
GS 26-1990, f. & cert. ef. 11-29-90
GS 13-1990(Temp), f. 5-30-90, cert. ef. 6-1-90

Or. Admin. R. 125-120-0110 Agency Commitment

(1) Before Facilities Division approves an agency’s request for office quarters, the head of the requesting agency, or designee, shall certify that legislatively approved funds are available to meet the obligations under the proposed lease for the current biennium and that the Agency intends to request funding to continue the lease for the full term of the lease. Facilities Division will assist the requesting Agency to compile a cost estimate for suitable office quarters.

(2) Facilities Division may charge and collect for leasing services provided to an Agency if the agency withdraws its’ request for office quarters during any stage of the leasing process, except when such withdrawal is due to unanticipated causes beyond the Agency’s control.

History

Statutory/Other Authority: ORS 184.340
Statutes/Other Implemented: ORS 276.429
DASII 5-1997, f. 5-27-97, cert. ef. 6-1-97
GS 26-1990, f. & cert. ef. 11-29-90
GS 13-1990(Temp), f. 5-30-90, cert. ef. 6-1-90

Or. Admin. R. 125-120-0120 Locating Office Quarters

Division has the statutory authority to search, select and negotiate for office quarters to rent or lease in any manner necessary to best serve the interests of the state. Division also reserves the right to reject, in the best interest of the state, any and all offers received while conducting solicitation for offers on leasable properties or facilities. Unless exempted by the Administrator, Division will search for available office space in a manner consistent with applicable executive orders, policies and in the best judgment of Division.

History

Statutory/Other Authority: ORS 184.340
Statutes/Other Implemented: ORS 276.426
DAS 1-2015, f. 4-2-15, cert. ef. 4-5-15
DASII 5-1997, f. 5-27-97, cert. ef. 6-1-97
GS 26-1990, f. & cert. ef. 11-29-90
GS 13-1990(Temp), f. 5-30-90, cert. ef. 6-1-90

Or. Admin. R. 125-120-0130 Determining a Lease Search Area

Agencies will determine the geographical boundaries for a lease search area based upon its business need and state siting mandates. Division will assist the agency in further narrowing siting criteria in any geographic area by considering:

(1) The requesting agency's special needs;

(2) The state's policy of promoting economy, efficiency and convenience to the public by centralizing and consolidating state office quarters within a community whenever feasible;

(3) The availability and cost of necessary services including state services such as telephone, data, communication and mail services;

(4) Proper zoning and compatibility with local government comprehensive land use plans; and

(5) Applicable directives of the State of Oregon such as the Governor's Executive Order 94-07, or of the local government pertaining to locating state office facilities.

History

Statutory/Other Authority: ORS 184.340
Statutes/Other Implemented: ORS 276.426 & 276.428
DAS 1-2015, f. 4-2-15, cert. ef. 4-5-15
DASII 5-1997, f. 5-27-97, cert. ef. 6-1-97
GS 26-1990, f. & cert. ef. 11-29-90
GS 13-1990(Temp), f. 5-30-90, cert. ef. 6-1-90

Or. Admin. R. 125-120-0140 Leasing Directly

(1) Before leasing or renting office quarters smaller than 10,000 usable square feet, Facilities Division may refer to and, when feasible, select for direct negotiations, leasable properties on file at Facilities Division which have been submitted by property owners and real estate professionals interested in developing and leasing office quarters for occupancy by the state. Alternatively, Facilities Division may advertise publicly or conduct a search for a leasable facility, and negotiate directly with the owner or owner’s representative for the lease.

(2) To solicit offers of leasable properties, Facilities Division may publish its leasing requirements, or inform those on the Division’s trade list of property owners, developers and real estate professionals who have expressed interest in developing and leasing office quarters to the state.

(3) A property owner, developer or real estate professional may be added to Facilities Division’s trade list by contacting Facilities Division.

History

Statutory/Other Authority: ORS 184.340
Statutes/Other Implemented: ORS 276.428
DASII 5-1997, f. 5-27-97, cert. ef. 6-1-97
GS 26-1990, f. & cert. ef. 11-29-90
GS 13-1990(Temp), f. 5-30-90, cert. ef. 6-1-90

Or. Admin. R. 125-120-0150 Giving Notice of Intent to Lease

(1) When the geographic search area for siting office quarters for a significant lease has been established or when leasable properties have been identified, Division shall contact the community or communities which Division determines are likely to be affected by the requesting agency's proposed location. Agency and Division may also opt to give said notice to any lease siting situation at its discretion. Division will issue public notice at the agency’s request for any leasing action to:

(a) The mayor and/or city manager;

(b) The chair of the county commissioners;

(d) The local state representative;

(e) The local state senator;

(f) Affected local business associations, as identified and determined by Division; and

(g) Affected local neighborhood associations, as identified and determined by Division.

(2) A reasonable response period for notified parties will be specified in the notification letter.

(3) The Division and the requesting agency shall attempt to address the concerns of notified parties. The Division may hold a public meeting when it is considered necessary to address such concerns. For any controversial cases, the Administrator shall make the final determination as to whether or not to proceed with the proposed geographic siting location.

(4) The notification requirement under subsection (1) above is waived in the following cases:

(a) Emergency need;

(b) Lease renewals with no significant change in the use or amount of space;

(d) Leases with other political subdivisions; or

(e) Storage space or other non-office space.

History

Statutory/Other Authority: ORS 184.340
Statutes/Other Implemented: ORS 276.428
DAS 1-2015, f. 4-2-15, cert. ef. 4-5-15
DASII 5-1997, f. 5-27-97, cert. ef. 6-1-97
GS 26-1990, f. & cert. ef. 11-29-90
GS 13-1990(Temp), f. 5-30-90, cert. ef. 6-1-90

Or. Admin. R. 125-120-0170 Tenant Improvements

(1) All build-to-suit leases or major remodeling of leased facilities shall comply with Facilities Division’s “Leased Facilities Construction Standards,” and with all applicable law and rules, including those requirements for making leased state office quarters accessible to and usable by disabled persons, to the extent required by law.

(2) Before having any tenant improvement work performed on leased premises, the tenant Agency shall consult with the Facilities Division for appropriate procedures.

History

Statutory/Other Authority: ORS 184.340
Statutes/Other Implemented: ORS 276.428
DASII 5-1997, f. 5-27-97, cert. ef. 6-1-97
GS 26-1990, f. & cert. ef. 11-29-90
GS 13-1990(Temp), f. 5-30-90, cert. ef. 6-1-90

Division 125 STATEWIDE FACILITY PLANNING PROCESS

Or. Admin. R. 125-125-0050 Purpose, Application, and Authority

These rules are adopted under ORS 276.056 and 276.227. They set forth the Statewide Facility Planning Process for state agencies and the duties of the Capital Planning Commission and Capital Projects Advisory Board, which assist the Department with the process. State agencies subject to these rules are required to provide information about their facilities and projects to the Department.

History

Statutory/Other Authority: ORS 276.227 & 276.056
Statutes/Other Implemented: ORS 276.227 & 276.056
DAS 4-2023, amend filed 09/26/2023, effective 10/01/2023
DAS 4-2008, f. & cert. ef. 6-17-08
DAS 3-2008(Temp), f. & cert. ef. 4-15-08 thru 10-12-08
DAS 3-2006, f. & cert. ef. 3-15-06
DAS 3-2004, f. 7-15-04, cert. ef. 9-1-04
DAS 1-2004(Temp), f. & cert. ef. 3-5-04 thru 9-1-04

Or. Admin. R. 125-125-0100 Definitions

As used in these rules, the following terms have the meanings indicated, unless the context requires otherwise:

(1) “Agency” means any state officer, board, commission or department, or any division thereof, authorized by law to engage in capital construction or improvement projects in the area described by ORS 276.054.

(2) “Agency Facility Plan” means a long-range maintenance and management plan for facilities described under ORS 276.227(3)(b).

(3) “Area Plan” means a plan setting policies and standards to guide development of a specific geographical area described by ORS 276.054.

(4) "Biennial Leasing Plan" means a summary of all continuing leases or changes in leasing activity proposed for the coming biennium. This will summarize agency leasing activities or requests and provide a context for individual leasing plans.

(5) "Board" means the Capital Projects Advisory Board appointed under ORS 276.227(3)(a), which is advisory to the Director of the Department.

(6) "Building Maintenance Plan" means a plan to be completed by a State Agency that owns a building valued at $1,000,000 or greater.

(7) “Capitol Area” means the geographical area described by ORS 276.054.

(8) “Capital Construction” means expenditures related to construction or remodeling of physical facilities with a project cost of $1,000,000 or more.

(9) “Commission” means the Capitol Planning Commission (CPC) appointed under ORS 276.055.

(10) “Construction Project Plan" means a plan to be completed for all Major Construction or Acquisition Projects a state agency is anticipating within the next three biennia which is either new construction or adds area to or renovates an existing facility.

(11) "Department" means the Department of Administrative Services.

(12) "Director" means the Director of the Department of Administrative Services.

(13) "Leasing Project" means a proposed new lease, business case and cost benefit analysis completed by state agencies that lease or plan to lease a site with 10,000 or more square feet of conditioned space for a term of ten years or more.

(14) “Major Construction or Acquisition Project” means any capital construction project or acquisition with an anticipated cost of $1,000,000 or greater.

(15) “Major Facilities” means State Agency Facilities valued at $1,000,000 or greater or comprising 10,000 or more gross square feet.

(16) “Minor Facilities” means State Agency Facilities valued less than $1,000,000.

(17) “Project” means expenditures for capital construction or for capital improvement and adoption or approval of area plans in the area described by ORS 276.054.

(18) "Space Needs Plan" means a plan to be completed by state agencies that own or plan to build or buy a building with 10,000 or more square feet; lease or plan to lease a site with 10,000 or more square feet of conditioned space for a term of ten years or more; plan to seek any Legislative or Emergency Board approval for a major construction, acquisition or leasing project; or plan to seek planning funds for a project with an anticipated cost of $1,000,000 or greater over the next three biennia. The Space Needs Plan includes the Biennial Leasing Plan.

(19) “State Agency” means any agency subject to this rule as outlined in OAR 125-125-0150(2).

(20) “State Agency Facilities” means state-owned, agency-maintained facilities as defined by ORS 276.210 and ORS 276.280(2).

(21) “State Facility Inventory” means a centralized facilities database established under ORS 276.227(4).

(22) “Statewide Facilities Planning Process Manual” means a facility budget planning and reporting manual described in OAR 125-125-0150(4).

(23) "Statewide Facilities Program" means a program of the Department of Administrative Services that implements OAR 125-125-0050 to 125-125-0300.

History

Statutory/Other Authority: ORS 276.055 & 276.227
Statutes/Other Implemented: ORS 276.054, 276.056 & 276.227
DAS 4-2023, amend filed 09/26/2023, effective 10/01/2023
DAS 4-2008, f. & cert. ef. 6-17-08
DAS 3-2008(Temp), f. & cert. ef. 4-15-08 thru 10-12-08
DAS 3-2006, f. & cert. ef. 3-15-06
DAS 3-2004, f. 7-15-04, cert. ef. 9-1-04
DAS 1-2004(Temp), f. & cert. ef. 3-5-04 thru 9-1-04

Or. Admin. R. 125-125-0150 Statewide Facility Planning Process

(1) The Statewide Facilities Planning Process provides a means of evaluating if state facilities are planned, financed, acquired, constructed, managed, and maintained in a manner that maximizes and protects this investment.

(2) The Statewide Facilities Planning Process applies to any State Agency that owns a Major Facility or meets the guidelines described in OAR 125-125-0150(5). The process does not apply to Oregon institutions of higher education (as defined in ORS 352.002 and ORS 341.005(4)(a)), Oregon Health Sciences University, SAIF Corporation, Lottery, Secretary of State, Treasurer's Office, or to the Legislative or Judicial branches.

(3) The Department shall implement and maintain a Statewide Facilities Planning Process. This process shall coordinate state facilities' data, standards, maintenance planning, leasing planning, and capital project planning. The Department shall use the Board to assist in the review of Agency Facility Plans and other associated documents and to advise the Director.

(4) The Statewide Facilities Program shall develop the Statewide Facilities Planning Process Manual. The Statewide Facilities Planning Process Manual shall provide definitions, examples, and detailed descriptions of required reports to aid agencies in supplying information to the Statewide Facilities Program and the Board. The Statewide Facilities Planning Process Manual shall be reviewed and updated biennially by the Board before the budget process begins, or as needed.

(5) Following the guidelines contained in the Statewide Facilities Planning Process Manual, agencies shall submit an Agency Facility Plan to the Department if it meets one or more of the following criteria:

(a) The agency owns buildings or plans to build or buy a building of 10,000 or more square feet;

(b) The agency proposes to enter into a lease of 10,000 or more square feet of conditioned space for a period of ten years or more;

(c) The agency plans to seek a Legislative or Emergency Board approval for a Major Construction or Acquisition Project; or

(d) The agency plans to seek planning funds for a Major Construction or Acquisition Project.

(6) To best coordinate and distribute the facilities data, the Statewide Facilities Program shall maintain a State Facility Inventory. The State Facility Inventory shall be a database of State Agency Facilities covered under this rule. The State Facility Inventory shall include basic information on State Agency Facilities, as defined in the Statewide Facility Planning Process Manual. The data shall be used in preparing Agency Facility Plans.

History

Statutory/Other Authority: ORS 276.227
Statutes/Other Implemented: ORS 276.227
DAS 4-2023, amend filed 09/26/2023, effective 10/01/2023
DAS 4-2008, f. & cert. ef. 6-17-08
DAS 3-2008(Temp), f. & cert. ef. 4-15-08 thru 10-12-08
DAS 3-2006, f. & cert. ef. 3-15-06
DAS 3-2004, f. 7-15-04, cert. ef. 9-1-04
DAS 1-2004(Temp), f. & cert. ef. 3-5-04 thru 9-1-04

Or. Admin. R. 125-125-0200 Capital Projects Advisory Board

(1) The Board shall assist the Department in the review of Agency Facility Plans. It shall be comprised of seven members of the public knowledgeable about construction, facilities management, and maintenance issues. Two members may be state employees. The Director shall appoint the chairperson of the Board.

(2) The term of each member of the Board is determined by the Director.

(3) The Board shall meet regularly at times deemed necessary by the Department. In addition, the Director may call the Board to meet for the purpose of considering agency reports.

(4) The Board members shall serve without compensation from the Department for travel or per diem.

(5) The Board is advisory to the Director of the Department and is not a governing body or a public body under ORS 192.610. Meetings of the Board shall be treated as public meetings and shall generally follow the notification and other procedures described in the Attorney General's Public Records and Meetings Manual. The Department shall send notice of upcoming meetings to an established and iterative mailing list of interested parties, using electronic methods, where practical. The Department shall also provide information regarding meetings on the Department's website.

(6) The Board shall provide a place on the agenda for public comment. Public comment should be limited to the review process criteria listed in ORS 276.227(3)(d). The Board will accept public comment only on the review items listed on the meeting agenda. The Board shall acknowledge any public comment and include it in the formal review record.

(7) The Board will not make a recommendation on a plan or other document reviewed without a majority of its members present. If a duly scheduled and noticed meeting does not have a majority of the members present, those present will be a subcommittee of the Board. The subcommittee will report to the next scheduled Board meeting when a majority is present, and formal action may be taken at that time.

History

Statutory/Other Authority: ORS 276.227
Statutes/Other Implemented: ORS 276.227
DAS 4-2023, amend filed 09/26/2023, effective 10/01/2023
DAS 3-2006, f. & cert. ef. 3-15-06
DAS 3-2004, f. 7-15-04, cert. ef. 9-1-04
DAS 1-2004(Temp), f. & cert. ef. 3-5-04 thru 9-1-04

Or. Admin. R. 125-125-0250 Procedure for Submitting Agency Facility Plans for Review

(1) Each state agency shall report to the Board by July 31 of even-numbered years an Agency Facility Plan. The Agency Facility Plan shall include a Space Needs Plan (including the Biennial Leasing Plan), a Construction or Lease Project Plans, and a Building Maintenance Plan, if applicable.

(2) The Board shall review the information submitted and presented under section (1) of this rule and make recommendations to the Director by the date specified in the Statewide Facilities Planning Process Manual, or as requested by the Director.

(3) The Department shall request updated plans from agencies biennially and establish a submittal schedule in the Statewide Facility Planning Process Manual. This schedule shall include the Agency Facility Plan due dates and presentation date for each agency to appear before the Board.

(4) The Agency shall provide one electronic copy to the Department no later than the due date stated for the agency in the Statewide Facility Planning Process Manual reporting schedule.

(5) If an Agency has project(s) that require review under ORS 276.059 then a supplemental listing and description of those projects should be prepared and submitted with the other required materials as outlined in the Statewide Facility Planning Process Manual.

(6) The Department will provide a substantive analysis of the plans, including review for completeness and responsiveness to issues and provide the information to the Board. The Department may return a list of questions to the agency or recommended changes.

History

Statutory/Other Authority: ORS 276.227
Statutes/Other Implemented: ORS 276.227
DAS 4-2023, amend filed 09/26/2023, effective 10/01/2023
DAS 4-2008, f. & cert. ef. 6-17-08
DAS 3-2008(Temp), f. & cert. ef. 4-15-08 thru 10-12-08
DAS 3-2006, f. & cert. ef. 3-15-06
DAS 3-2004, f. 7-15-04, cert. ef. 9-1-04
DAS 1-2004(Temp), f. & cert. ef. 3-5-04 thru 9-1-04

Or. Admin. R. 125-125-0300 Procedure for Board Review

(1) Following review of the information by the Department, the agency shall present its plans before the Board, for the purpose of determining if the projects are compatible with the criteria established in the State Facilities Planning Process Manual. The Board may pose further questions to the agency or determine if additional action is required and postpone acceptance or comment on the plans.

(2) The Board may elect to review Major Construction or Acquisition, or Leasing Projects, as necessary, or as requested by the Department or Director.

(3) In order to grant acceptance or favorable comment on the plans, the Board must find the project is compatible with the criteria listed in the State Facilities Planning Process Manual.

(4) No agency subject to this rule shall seek Legislative or Emergency Board approval of projects meeting the criteria of 125-125-0150 without first having obtained review of the project by the Board.

(5) The Board shall accept the report after consideration of agency submissions, testimony, and public testimony, if any. The Board’s comments shall be kept in the formal meeting minutes and provided to the Director and Department’s Chief Financial Office.

History

Statutory/Other Authority: ORS 276.227
Statutes/Other Implemented: ORS 276.227
DAS 4-2023, amend filed 09/26/2023, effective 10/01/2023
DAS 4-2008, f. & cert. ef. 6-17-08
DAS 3-2008(Temp), f. & cert. ef. 4-15-08 thru 10-12-08
DAS 3-2006, f. & cert. ef. 3-15-06
DAS 3-2004, f. 7-15-04, cert. ef. 9-1-04
DAS 1-2004(Temp), f. & cert. ef. 3-5-04 thru 9-1-04

Or. Admin. R. 125-125-0310 Capitol Planning Commission

(1) The Capitol Planning Commission shall consist of nine members, as follows:

(a) Four members shall be appointed by the Governor;

(b) One member shall be the Mayor of the City of Salem or the designee of the mayor;

(c) One member shall be the chairperson of the Salem Planning Commission or a member of the planning commission who is designated by the chairperson;

(d) One member shall be the Director of the Oregon Department of Administrative Services or the designee of the director;

(e) One member, who shall be an advisory member without vote, shall be the President of the Senate or a person serving in the Senate who is designated by the President; and

(f) One member, who shall be an advisory member without vote, shall be the Speaker of the House of Representatives or a person serving in the House of Representatives who is designated by the Speaker.

(2) Of the four members of the Commission appointed by the Governor under subsection (1) of this section:

(a) At least two members must be residents of Marion County or Polk County. Of the members who are residents of Marion County or Polk County, at least one member must be a resident of the City of Salem.

(b) Only one member may be employed by a public body as defined in ORS 174.109.

(3) The term of office of the four members of the Commission appointed by the Governor is four years, but each such member shall serve at the pleasure of the Governor.

(4) A vacancy in the office of any of the four members of the Commission appointed by the Governor shall be filled by the Governor by appointment for the unexpired term.

(5) The Commission shall elect a chairperson and a vice chairperson, who shall serve as officers for a term of two years and may be reelected.

(6) Members of the Capitol Planning Commission who are not members of the Legislative Assembly are entitled to compensation and expenses as provided in ORS 292.495. Members of the Commission who are members of the Legislative Assembly shall be paid compensation and expense reimbursement as provided in ORS 171.072, payable from funds appropriated to the Legislative Assembly.

(7) The Oregon Department of Administrative Services shall provide staffing and other resources required by the Commission to carry out the Commission’s duties.

(8) The Commission shall adopt administrative rules necessary for the performance of the Commission’s duties.

(9) The Capitol Planning Commission shall meet at the call of the chairperson or at such times that a majority of the commission members considers appropriate. The Governor may call the Commission to meet at any time requested by the Oregon Department of Administrative Services.

History

Statutory/Other Authority: ORS 276.055
Statutes/Other Implemented: ORS 276.055
DAS 4-2023, adopt filed 09/26/2023, effective 10/01/2023

Or. Admin. R. 125-125-0350 Capitol Area Project Review

(1) The Department shall implement a special review process for projects on state-owned property, located within the boundaries described by ORS 276.054.

(2) This review process applies to any state officer, board, commission, or department authorized by law to engage in capital construction or improvement projects in the areas described by ORS 276.054.

(3) The Department shall provide project submission requirements and review criteria in the Statewide Facilities Planning Process Manual. Reviews will be based upon, but not limited to, the development standards and policies contained in the Area Plans adopted by the Commission.

(4) Area Plans cover the following state properties: Capitol Mall Area; Airport Road Area; Southeast Salem Area; State Fair and Exposition Center Area; Oregon State Hospital and Penitentiary Properties Area; and, Oregon School for the Deaf Area.

(5) For the purposes of the review required under this rule, a project means expenditures for capital construction valued at $1,000,000 or greater. A project does not include the following:

(a) Interior remodeling that does not substantially change the existing use of space to another use (e.g., office space, or space used by the public);

(b) Repair or maintenance that does not substantially change the existing use of space, that does not add additional square footage to a building, and that does not change exterior building design;

(6) A minor improvement to the building or grounds means an improvement that does not fall within the exceptions under this section and impacts the appearance of the building grounds or exterior.

(a) Public art, memorials, or similar installations located on building grounds;

(b) Architectural screening of building accessories or equipment;

(c) Permanent, large-scale signage, or similar appurtenances, requiring structural support not associated with the building façade.

(7) A major improvement to the building or grounds, addition, or new construction means a substantial renovation of the building exterior or landscaping, an addition to the building, or construction of a new building.

(8) In accordance with ORS 276.059(1), agencies may not request, receive or expend funds for any project subject to the requirements of this section unless the project has been reviewed and approved through the review process described in this rule. An agency is not precluded by this rule from expending funds for the preparation of a project proposal. The Department may waive this review requirement for good cause.

(9) An agency seeking project review must provide written notification (via email) to the Department not less than 21 days before the next scheduled Commission meeting. The Department shall provide a standard form for agencies to use to request project review. The Department may waive the notification period for good cause.

(10) Projects for minor improvements to the building or grounds shall include:

(a) A completed project application form;

(b) A written description of the project;

(d) Sufficient information to demonstrate compliance with the applicable Area Plan; and

(e) Sufficient information to demonstrate compliance with local zoning and other applicable standards.

(11) Projects for major improvements to buildings or grounds, additions, or new construction shall include a preliminary review submittal including:

(a) A completed project application form;

(b) A written description of the project;

(d) A description of the process planned to be used to ensure compliance with the Area Plan, local zoning, and other applicable standards, including existing or potential state or federal historic preservation designations; and

(e) A description of any planned meetings with neighborhood groups, government entities, tribal organizations, or other interested members of the public.

(12) Once the design of the major project is completed, the state agency shall make a final project submittal, which shall include:

(a) Site, architectural, and landscaping plans (if applicable) at a design development stage or later;

(b) Sufficient information to demonstrate compliance with the applicable Area Plan;

(d) Sufficient information to demonstrate compliance with state and federal historic preservation designation, if applicable;

(e) A record of meetings with neighborhood groups, government entities, tribal organizations, or other interested members of the public.

(13) For new construction projects, facility siting review will be required before starting design and making the required submittals under OAR 125-125-0350(11). For siting review, the following shall be provided:

(a) A completed site need and description form;

(b) A written description of the proposed improvements that will be constructed;

uses;

(d) A topographic map of the proposed site indicating the boundaries for proposed improvements, prominent features, surrounding buildings, and other related information to provide a context for the project;

(e) Preliminary information about whether sewer, water, streets, and other infrastructure is available to service the proposed use;

(f) A preliminary assessment of any wetland, flood plain, environmental, or archeological issues on the site and whether development would likely impact them;

(g) Sufficient information to demonstrate compliance with local zoning, comprehensive plan, and other related land use standards.

(h) If the proposed site is on state-owned property, sufficient information to demonstrate that the proposed use complies with the applicable Area Plan; and

(i) If the proposed site is to be acquired, an assessment of what state-owned properties were considered and why none were acceptable, plus information required by the Facility Siting Policy 125-6-115.

(14) The Department shall review the material submitted by the agency and acknowledge if the applicable requirements are met. The Department will prepare a report of findings to the Commission one week prior to the scheduled meeting.

(15) The Commission shall review submitted application materials and provide a written response to the agency no later than 90 days after the proposal is submitted to the Commission.

History

Statutory/Other Authority: ORS 276.055
Statutes/Other Implemented: ORS 276.058
DAS 4-2023, amend filed 09/26/2023, effective 10/01/2023
DAS 4-2008, f. & cert. ef. 6-17-08
DAS 3-2008(Temp), f. & cert. ef. 4-15-08 thru 10-12-08
DAS 3-2006, f. & cert. ef. 3-15-06
DAS 3-2004, f. 7-15-04, cert. ef. 9-1-04
DAS 1-2004(Temp), f. & cert. ef. 3-5-04 thru 9-1-04

Or. Admin. R. 125-125-0360 Coordination with the Capital Projects Advisory Board

(1) Projects submitted to the Capital Projects Advisory Board as part of an Agency Facility Plan under ORS 276.227(3)(b) that are within the area described by ORS 276.054 shall be reviewed by the Commission by July 31 of each even-even numbered year, as stipulated in OAR 125-125-0250(1). In accordance with ORS 276.059(2), projects that have been reviewed by the Capitol Planning Commission under this section need not be reviewed by the Capital Projects Advisory Board.

(2) Joint review of specific projects may be requested at the discretion of both committee chairs.

History

Statutory/Other Authority: ORS 276.055 & 276.227
Statutes/Other Implemented: ORS 276.056, 276.058, 276.059 & 276.227
DAS 4-2023, adopt filed 09/26/2023, effective 10/01/2023

Or. Admin. R. 125-125-0400 Area Plan Update Responsibilities

(1) Each agency owning property in the area described in ORS 276.054 shall be responsible for maintaining an Area Plan for the property it owns. Newly acquired properties are subject to inclusion in an Area Plan, as determined by the Commission. In accordance with ORS 276.056, the Commission may request updates to Areas Plans described in OAR 125-125-0350(4).

(2) The Department shall also develop and maintain a coordination plan that addresses the interrelationship among the different Area Plans and the state's presence in the City of Salem. The Commission may request reports and studies from the Department in accordance with ORS 276.058. The Commission may submit reports on Area Plan activity to the Legislative Assembly and City of Salem as described in ORS 276.061.

(3) The Department shall develop a standard template for Area Plans. The Department shall also develop and maintain a coordination plan that addresses the interrelationship among the different Area Plans and the state's

presence in the City of Salem.

(4) The Department shall develop and maintain a review schedule for the Area Plans and a process for coordinating any required changes with the affected agencies and the City of Salem. If outside assistance is required to update the plan, it shall be at the expense of the property-owning agency or agencies. The Department may waive this requirement for good cause.

(5) Major Area Plan updates shall be completed no later than six years from the date of adoption by the Commission, unless determined by the Commission or the Department.

(6) Minor Area Plan updates or corrections shall be reviewed and approved as needed but may not substitute for a major plan update.

(7) Property-owning agencies subject to Area Plan updates shall develop and submit a plan for engagement with affected neighborhood groups, government entities, tribal organizations, or other interested members of the public. At the time of Area Plan review, the Commission shall provide an opportunity for public comment on any proposed revisions to the Area Plan.

History

Statutory/Other Authority: ORS 227.055
Statutes/Other Implemented: ORS 276.056
DAS 4-2023, amend filed 09/26/2023, effective 10/01/2023
DAS 4-2008, f. & cert. ef. 6-17-08
DAS 3-2008(Temp), f. & cert. ef. 4-15-08 thru 10-12-08
DAS 3-2006, f. & cert. ef. 3-15-06
DAS 3-2004, f. 7-15-04, cert. ef. 9-1-04
DAS 1-2004(Temp), f. & cert. ef. 3-5-04 thru 9-1-04

Or. Admin. R. 125-125-0500 Area Plan Review, Adoption, Amendment, and Repeal Process

(1) The Commission will hold at least one public hearing pursuant to ORS 183.360 to review the draft Area Plan prior to forwarding its recommendations to the Director.

(a) Public hearing notice will be provided at least 14 days preceding the hearing. Additional notice may be provided to known stakeholders and anyone who requests it in writing by whatever method the Department deems necessary or desirable.

(b) A recommendation for approval requires the affirmative vote of not less than a majority of the total membership of the Commission.

(c) The Commission may recommend approval, conditional approval, or substantial revision. This recommendation will be forwarded to the Director, along with statements from the Department and the property-owning agencies indicating agreement or disagreement with the Area Plan and with the Commission’s recommendation.

(d) Once hearing(s) have been completed, the Director will approve, conditionally approve, or deny the Area Plan. Any conditions of approval should be made an integral part of the Area Plan prior to its adoption. If the plan is to be approved with a substantial modification not previously considered by the Commission the plan must be referred to the Commission for their reconsideration and recommendation.

(2) Adoption. Adoption of an Area Plan is accomplished by Administrative Rule, following the accepted Permanent Rulemaking Process. Rulemaking hearings regarding Area Plan adoptions will be held by the Commission. Adoptions are listed under Oregon Administrative Rules, Chapter 125.

(3) Amendment and Repeal. An Area Plan is repealed in the same manner it is amended, by Administrative Rule. Similar to adoption, the Commission must hold at least one public hearing prior to taking any action.

History

Statutory/Other Authority: ORS 227.055
Statutes/Other Implemented: ORS 276.056
DAS 4-2023, amend filed 09/26/2023, effective 10/01/2023
DAS 4-2008, f. & cert. ef. 6-17-08
DAS 3-2008(Temp), f. & cert. ef. 4-15-08 thru 10-12-08

Or. Admin. R. 125-125-0522 Development Polices and Design Standards Contained in Area Plans

Development policies and design standards applicable to each Area Plan shall be included in the Area Plans. The Department shall provide model development policy and design standards guidelines in accordance with ORS 276.098 and shall be included in the Statewide Facility Planning Process Manual.

History

Statutory/Other Authority: 276.098 & ORS 276.055
Statutes/Other Implemented: ORS 276.056
DAS 4-2023, amend filed 09/26/2023, effective 10/01/2023
Renumbered from 110-010-0034 by DAS 8-2008, f. & cert. ef. 11-4-08
CPC 3-2008, f. & cert. ef. 6-17-08
CPC 1-2008(Temp), f. & cert. ef. 4-15-08 thru 10-12-08

Or. Admin. R. 125-125-0524 Criteria and Authority to Permit Divergence from Area Plan Design Standards

The Commission may grant variance from the provisions contained in Area Plans imposed on a particular subject property under this rule which is reasonably necessary to permit development of an otherwise lawful use upon the finding that the following criteria is met:

(1) The property and proposed improvements are challenged by unusual topographic, environmental, functional, or aesthetic circumstances; and

(2) The proposed alternative achieves the purposes of the design standards contained in the Area Plan as well or better than a compliant alternative; and

(3) There are special conditions applying to the land, buildings, or use referred to in the application, which do not apply generally to land, buildings, or uses in the same area, and which create unreasonable hardships or practical difficulties which can be most effectively relieved by a variance; and

(4) The purely economic interests of the agency shall not in itself constitute such special conditions. The potential for economic development of the subject property itself may, however, be considered among the factors specified in this section; and

(5) Granting a variance will not, under the circumstances of the particular case, unreasonably affect the health or safety of persons working, residing or visiting in the neighborhood of the subject property; and

(6) Granting a variance will be consistent with the Area Plan.

History

Statutory/Other Authority: ORS 276.055
Statutes/Other Implemented: ORS 276.058 & 276.059
DAS 4-2023, amend filed 09/26/2023, effective 10/01/2023
Renumbered from 110-010-0039 by DAS 8-2008, f. & cert. ef. 11-4-08
CPC 3-2008, f. & cert. ef. 6-17-08
CPC 1-2008(Temp), f. & cert. ef. 4-15-08 thru 10-12-08

Or. Admin. R. 125-125-0526 Master Plan for Development of the Capitol Mall Area

The Master Plan for Development of the Capitol Mall Area, 1976, as amended on the effective date of this rule, is hereby adopted by reference.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 276.055
Statutes/Other Implemented: ORS 276.056
DAS 4-2023, amend filed 09/26/2023, effective 10/01/2023
Renumbered from 110-020-0010 by DAS 8-2008, f. & cert. ef. 11-4-08
CPC 1-1997, f. & cert. ef. 2-12-97
CPC 1-1993, f. & cert. ef. 1-27-93
CPC 1-1988, f. & cert. ef. 6-10-88
CPC 1-1986, f. & ef. 1-29-86
CPC 5-1981, f. & ef. 12-1-81

Or. Admin. R. 125-125-0530 Airport Road Area Plan

The Airport Road Area Plan, 1985 is hereby adopted by reference.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 276.055
Statutes/Other Implemented: ORS 276.056
DAS 4-2023, amend filed 09/26/2023, effective 10/01/2023
Renumbered from 110-030-0010 by DAS 8-2008, f. & cert. ef. 11-4-08
CPC 3-1985, f. & ef. 10-22-85
CPC 4-1982, f. & ef. 4-6-82

Or. Admin. R. 125-125-0535 Southeast Salem Area Plan

The Southeast Salem Area Plan, 2008 is hereby adopted by reference. This Area Plan replaces the Oregon State Corrections Area Plan, 1985.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 276.055
Statutes/Other Implemented: ORS 276.056
DAS 4-2023, amend filed 09/26/2023, effective 10/01/2023
Renumbered from 110-040-0012 by DAS 8-2008, f. & cert. ef. 11-4-08
CPC 4-2008, f. & cert. ef. 6-17-08
CPC 2-2008(Temp), f. & cert. ef. 4-15-08 thru 10-12-08
CPC 2-1985, f. & ef. 5-13-85

Or. Admin. R. 125-125-0550 Oregon State Fair and Exposition Center Area Plan

The Oregon State Fair and Exposition Center Area Plan, 2003, is hereby adopted by reference.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 276.055
Statutes/Other Implemented: ORS 276.056
DAS 4-2023, amend filed 09/26/2023, effective 10/01/2023
Renumbered from 110-060-0010 by DAS 8-2008, f. & cert. ef. 11-4-08
CPC 2-2003, f. & cert. ef. 5-22-03
CPC 1-2003(Temp), f. & cert. ef. 3-19-03 thru 9-14-03
CPC 4-1982, f. & ef. 4-6-82
CPC 1-1982(Temp), f. & ef. 1-5-82

Or. Admin. R. 125-125-0555 Oregon State Hospital and Penitentiary Properties Area Plan

The Oregon State Hospital and Penitentiary Properties Area Plan, June 2008 is hereby adopted by reference. This

Area Plan replaces the Oregon State Hospital and Penitentiary Properties Land Use Plan, 1976, as amended 1983.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 276.055
Statutes/Other Implemented: ORS 276.056
DAS 4-2023, amend filed 09/26/2023, effective 10/01/2023
Renumbered from 110-070-0010 by DAS 8-2008, f. & cert. ef. 11-4-08
CPC 6-2008, f. 10-9-08, cert. ef. 10-11-08
CPC 5-2008(Temp), f. & cert. ef. 7-17-08 thru 12-31-08
CPC 1-1986, f. & ef. 1-29-86
CPC 1-1983, f. & ef. 11-29-83
CPC 4-1982, f. & ef. 4-6-82

Or. Admin. R. 125-125-0565 Oregon State School for the Deaf Area Plan

The Oregon State School for the Deaf Area Plan, 1984 is hereby adopted by reference.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 276.055
Statutes/Other Implemented: ORS 276.056
DAS 4-2023, amend filed 09/26/2023, effective 10/01/2023
Renumbered from 110-090-0010 by DAS 8-2008, f. & cert. ef. 11-4-08
CPC 1-1984, f. & ef. 4-2-84
CPC 4-1982, f. & ef. 4-6-82

Or. Admin. R. 125-125-0700 Adoption of the DAS-Salem Coordination Plan

The DAS-Salem Coordination Plan Development and Management Policies September 19, 2008 is hereby adopted by reference.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 276.055
Statutes/Other Implemented: ORS 276.056
DAS 4-2023, amend filed 09/26/2023, effective 10/01/2023
DAS 4-2009, f. & cert. ef. 1-26-09

Division 140 CONFIDENTIALITY AND INADMISSIBILITY OF MEDIATION COMMUNICATIONS

Or. Admin. R. 125-140-0010 Confidentiality and Inadmissibility of Mediation Communications

Pursuant to ORS 36.224, the Department of Administrative Services adopts by reference OAR 137-005-0052 as promulgated by the Attorney General effective as of November 13, 2018.

History

Statutory/Other Authority: ORS 36.224 & 184.340
Statutes/Other Implemented: ORS 36.224, 36.228, 36.230 & 36.232
DAS 3-2023, minor correction filed 07/28/2023, effective 07/28/2023
DAS 3-2017, f. 8-29-17, cert. ef. 9-1-17
DAS 1-2017(Temp), f. 5-8-17, cert. ef. 5-10-17 thru 11-5-17
DAS 1-1999, f. 4-30-99, cert. ef. 5-1-99

Or. Admin. R. 125-140-0020 Confidentiality and Inadmissibility of Workplace Interpersonal Dispute Mediation Communications

Pursuant to ORS 36.224, the Department of Administrative Services adopts by reference OAR 137-005-0054 as promulgated by the Attorney General effective as of November 13, 2018.

History

Statutory/Other Authority: ORS 36.224
Statutes/Other Implemented: ORS 36.230(4)
DAS 2-2023, minor correction filed 07/28/2023, effective 07/28/2023
DAS 3-2017, f. 8-29-17, cert. ef. 9-1-17
DAS 1-2017(Temp), f. 5-8-17, cert. ef. 5-10-17 thru 11-5-17
DAS 2-1999, f. 5-25-99, cert. ef. 5-26-99

Division 150 RISK MANAGEMENT

Or. Admin. R. 125-150-0000 Claims Against the State Liability Fund

(1) The Department of Administrative Services, Risk Management, administers the Liability Fund established by ORS 278.100 to cover the tort liability of the state and its officers, employees, or agents acting within the scope of their employment under ORS 30.260 to 30.300.

(2) An individual intending to make a claim against the Liability Fund must follow the notice requirements under ORS 30.275, as amended by Chapter 350, Oregon Laws 1981.

(3) Under ORS 30.275, formal notice of a claim against a state officer, employee, or agent may be given by mail or personal delivery to the Director of the Department of Administrative Services. By this policy, the Director delegates responsibility for receipt of liability claims to the Risk Management, Department of Administrative Services.

(4) A claimant or representative may file a claim in the following manner:

(a) Send or deliver a written statement to the Risk Management, including the following information:

(A) A statement that a claim for damages will be asserted against a named state agency, officer, employee, or agent;

(B) A description of the time, place and circumstances giving rise to the claim;

(C) The name of the claimant and the mailing address to which correspondence concerning the claim may be sent. Send or present the notice to: Claims Section, Risk Management, Department of Administrative Services, 155 Cottage Street N.E., Salem, OR 97310.

(b) To give actual notice of a claim as provided under ORS 30.275, provide the same information as required above for formal notice, orally to: Claims Section, Risk Management, (503) 373-7475.

History

Statutory/Other Authority: ORS 278.405(4)
Statutes/Other Implemented: ORS 279A and 279B
DAS 4-2020, amend filed 10/26/2020, effective 11/01/2020
GS 1-1982, f. 1-29-82, ef. 2-1-82

Or. Admin. R. 125-150-0005 Selection of Insurance Agent of Record

(1) The Department of Administrative Services may appoint an Agent of Record to assist in the procurement of commercial insurance and risk management consultative and/or professional services.

(2) Selection of an Agent(s) of Record will follow guidelines established by the Public Contracting code based on; ORS 279A and 279B et. seq. as codified in OAR Chapter 125, Division 247.

History

Statutory/Other Authority: ORS 278.405(4)
Statutes/Other Implemented: ORS 279A and 279B
DAS 4-2020, amend filed 10/26/2020, effective 11/01/2020
GS 5-1982, f. & ef. 5-3-82

Or. Admin. R. 125-150-0010 Purchase of Professional Services

(1) The Department is authorized under ORS 278.405(4) to purchase necessary professional services.

(2) Services will acquired following guidelines established by the Public Contracting code based on; ORS 279A and 279B et. seq. as codified in OAR Chapter 125, Division 247.

History

Statutory/Other Authority: ORS 278.405(4)
Statutes/Other Implemented: ORS 279A and 279B
DAS 4-2020, amend filed 10/26/2020, effective 11/01/2020
GS 5-1982, f. & ef. 5-3-82

Division 155 STATE VEHICLE USE AND ACCESS

Or. Admin. R. 125-155-0000 Purpose

These rules are written under the authority of ORS 283.305 through ORS 283.395 and ORS 278.200 through ORS 278.215. These rules set standards for use, operation and access to state vehicles, including private vehicles in use for state business.

History

Statutory/Other Authority: ORS 184.305, 184.340 & 278.405
Statutes/Other Implemented: ORS 283.310, 283.340, 283.345 & 283.395
DAS 5-2020, amend filed 10/26/2020, effective 10/30/2020
DASII 4-1995, f. 11-22-95, cert. ef. 11-24-95

Or. Admin. R. 125-155-0010 Definitions

As used in this chapter, unless the context requires otherwise, the following words, phrases, and abbreviations have the meanings listed:

(1) "DAS" means Department of Administrative Services.

(2) “DAS Fleet” means DAS’s Enterprise Asset Management’s program which establishes policies for managing and operating motor vehicles in Oregon’s state government fleets and convening the Fleet Management Advisory Council (FMAC).

(3) “DAS RM” means DAS’s Risk Management program of the Enterprise Goods and Services Division of DAS.

(4) "DMV" means Driver and Motor Vehicle Services, Oregon Department of Transportation or, if the context requires, its equivalent in another jurisdiction.

(5) “EGS” means Enterprise Goods and Services Division of DAS.

(6) "Agency" means an agency, board, commission, or branch of the state of Oregon that is subject to ORS chapters 283 or 278.

(7) "Agent" means a person or legal entity that is appointed in writing by a state agency to conduct specified work. An agent is not an independent contractor. Agents, paid or unpaid, are subject to the direction and control of the state agency. An agency must not call people agents for the primary purpose of justifying their transportation in a state vehicle.

(8) “Aide” means an individual age 18 or over approved by an agency to accompany/assist a state employee in conducting their necessary job duties.

(9) “Authorized Driver” means an employee, agent or volunteer who is approved by an agency to drive on official state business.

(10) “Allowable Activities” means actions essential to everyday life performed while conducting official state business. These activities must occur within the local vicinity or while en-route to conduct official state business. These activities may only occur while conducting official state business for day use, overnight use or full time use. For overnight and full time use, allowable activities are reasonably expanded to include more personal business types of activities.

(11) “Contractor” means a person, business or corporation that provides goods or services to the state under terms specified in a written contract.

(12) “Day Use” means use of a vehicle during a normal shift conducting both routine and non-routine duties related to official state business. Travel between home and the driver’s duty station during day use is prohibited.

(13) "Duty station" means the location designated in writing by the agency from which an employee normally carries out his or her duties.

(14) “Emergency aid” means the assistance provided at a roadside emergency such as an obvious accident or breakdown within the borders of this state where an individual(s) in danger or stranded. Hitchhikers or someone either asking for a ride or broken down in an urban area are not roadside emergencies.

(15) "Employee" means any person employed by the state for whom the agency withholds income tax, provides workers' compensation coverage, and pays the workers' compensation hourly-tax. Under this definition, the following are not employees:

(a) Workers provided by a temporary employment services agency, and

(b) Department of Corrections inmates.

(16) “Excess coverage” means coverage provided as a secondary layer of insurance used in addition to and after the primary coverage limit is exhausted.

(17) “Full time use” means the driver is assigned a state vehicle virtually all day and every day for conducting official state business.

(18) “Guests of the government” means official visitors from an entity in which the state has any interest. They can include local government officials traveling to the same area or near the route of the state driver. Guests may also be cost-sharing or non-paying passengers.

(19) “Off-road vehicle” means a private or state motor vehicle that is unlicensed or not designed for use on public roads. It includes unenclosed vehicles designed for only one or more riders, all-terrain recreational vehicles, two- or three-wheeled vehicles, off-highway vehicles, and utility vehicles.

(20) "Official state business" or "state business" means any activity directed and controlled by a state agency to advance the lawful policies and purposes of the agency. State law requires a narrow interpretation of this term.

(21) “Other permitted drivers” means drivers of other governments defined under ORS 174.116 and 174.117, or contractors that are not insured by the state’s self-insurance coverage. These entities shall have an intergovernmental agreement or contract with DAS Fleet or a state agency.

(22) “Overnight use” means the driver is traveling in a state vehicle on official state business to a location or for a purpose that requires one or more overnight stays.

(23) “Personal use” or “Personal business” means anything other than official state business.

(24) “Primary coverage” means the insurance coverage considered first in order for payment of a claim. For state vehicles used for official state business, state self-insurance is primary for automobile liability coverage. For personally owned vehicles, the vehicle’s owner’s personal automobile liability insurance is primary and state self-insurance may be excess coverage.

(25) "Private or personal vehicle" means a motor vehicle owned, rented, borrowed, leased, or otherwise lawfully in the possession and control of any entity other than the state. A commercially rented vehicle is a private vehicle if it is rented or used for a mix of private and state uses. Private vehicles, while in use forofficial state business, are treated as state vehicles in these rules unless the context clearly requires otherwise. Any motor vehicle being used to transport family or for any other personal purpose is not on state business. Any personal use of any vehicle is not state business use. An independent contractor's vehicle being used for contracted services is on the contractor's business, not on state business

(26) "Private specialty vehicle" means a private vehicle that is a motorcycle or other two or three wheeled vehicle designed for one or two riders.

(27) "State vehicle" means a motor vehicle used solely for official state business.

(a) State vehicles are:

(A) Licensed for highway use; and

(B) Owned, rented, borrowed, or leased by an agency solely for official state business; and

(D) Not used to transport family or for any other personal purpose.

(b) A commercially rented or leased vehicle is a state vehicle if rented by a duly authorized employee at the cost of the state, solely for official state business.

(c) A vehicle, owned by DAS and lawfully rented to a local government or other non-state entity, is not a state vehicle for purposes of these rules.

(d) Unless the context clearly requires otherwise, “state vehicle” refers to private vehicles while in use for official state business.

(e) A state vehicle may not be used to transport family or for any other personal purpose. Any personal use of any vehicle is not official state business.

(28) "Volunteer" means an unpaid person appointed by a state agency to work on its behalf. Volunteers are appointed in writing to do official state business under agency direction and control. They receive no remuneration. An agency must not call people volunteers for the primary purpose of justifying their transportation in a state vehicle. Volunteer and agent may be used interchangeably unless the context requires otherwise.

History

Statutory/Other Authority: ORS 184.305, 184.340 & 278.405
Statutes/Other Implemented: ORS 283.310, 283.340, 283.345 & 283.395
DAS 5-2020, amend filed 10/26/2020, effective 10/30/2020
DASII 4-1995, f. 11-22-95, cert. ef. 11-24-95

Or. Admin. R. 125-155-0020 Policy Statement and Authorization

(1) All agencies and drivers must comply with these rules and all additional state, federal and other applicable laws.

(2) It is state policy that all state vehicles and vehicles used for official state business must be used legally, respectfully, and safely.

(3) Per ORS 278.405, only DAS RM has authority to assign or certify the state self-insurance status of any state vehicle or state driver.

(4) Owners of private vehicles shall maintain vehicle liability insurance while the private vehicles are used for official state business under the authority and requirements of ORS 806.070 through 806.140.

(5) Regardless of any actions, any violation of these rules may result in DAS exercising any of its rights and authorities. These may include:

(a) Imposing fines and withholding pay as provided in ORS 291.990;

(b) Conditionally restricting a driver or agency from any or all access to or from certain uses or DAS Fleet Vehicles; or

(6) An ignition interlock device must not be installed on any state-owned or operated vehicle.

(7) These rules are intended to be complementary to the DAS Fleet Vehicle rules and the state’s travel policy. They are not intended to influence decisions made in compliance with those rules and polices.

History

Statutory/Other Authority: ORS 184.305, 184.340 & 278.405
Statutes/Other Implemented: ORS 283.310, 283.340, 283.345 & 283.395
DAS 5-2020, amend filed 10/26/2020, effective 10/30/2020
DASII 4-1995, f. 11-22-95, cert. ef. 11-24-95

Or. Admin. R. 125-155-0100 Agency Responsibilities and Permissions

(1) It is the responsibility of all agencies and their drivers to follow the requirements of the law, regardless of jurisdiction or authority, and these rules in all situations.

(2) Agencies must use the DAS RM Vehicle Use and Access Toolkit (located on DAS RM’s webpage) or a comparable process when first authorizing a driver for official state business.

(3) Each state agency must have a written plan, policy, or process to administer these rules. The agency, at a minimum, will adopt and address in their written plan, policy, or process how they will accomplish the following:

(a) Identify the type of individual who may potentially drive a state vehicle (i.e., employee, agent, volunteer) (see DAS RM Vehicle Use and Access Toolkit);

(b) Authorize a driver (refer to 125-155-0200);

(d) Verify employee compliance with driver requirements (refer to 125-155-0300); and

(e) Monitor the status of employee’s driver license (i.e., valid with or without restrictions, suspended, revoked).

(4) By virtue of ORS 278.405, these rules apply to all agencies and to any official state business use of any vehicle owned by an agency subject to these rules, except as noted below.

(5) Organizations exempted by their enabling statute under ORS 283.310 are not agencies subject to ORS 278.405 and these rules. Those entities may elect whether to apply these rules to their vehicles and personnel.

(a) To elect to apply these rules, the exempted entity must provide written notice to DAS RM at least 120 days prior to either the effective date of these rules or the date of their election.

(b) To elect to opt out of applying these rules, the entity must:

(A) Provide written notice to DAS RM at least 120 days prior to the effective date of the election; and

(B) Provide DAS RM with a copy of the rule(s) or policy(s) it will use in place of these rules; and

(D) Comply with the recommendation(s) of DAS RM.

(6) These rules do not apply to a state vehicle used by federal, local, or other state governments when that vehicle is furnished and used under the terms of an intergovernmental agreement, contract, or compact. The state is responsible to manage its own drivers, not the drivers of other jurisdictions.

(7) The agency employing a driver must apply and enforce these rules. The agency owning the state vehicle may enforce these rules as they relate to its vehicles. Nothing in these rules limits an agency’s ability to apply any kind of personnel or disciplinary action or exercise any of its specific rights or duties under existing contracts with vendors and agents.

(8) Agencies may develop policies that further restrict vehicle use and access allowed under these rules.

(9) It is mandatory to use the DAS RM Vehicle Use and Access Toolkit or a comparable process for situations where an employee may lose or has lost full or partial driving privileges (i.e., suspended licenses, hardship permits, and ignition interlock device exception requests).

(10) An authorized driver must receive state vehicle use and access orientation/training before driving a state owned vehicle. A state agency can require additional vehicle safety training to address their driving and vehicle use risks.

(11) If an agency finds it reasonable and necessary for official state business, the agency may permit an authorized driver to drive temporarily after he or she ceases to meet the agency training, records, or policy standards. Agencies must use the DAS RM Vehicle Use and Access Toolkit or a comparable process to create a plan, impose restrictions, and assess risks associated with the driving activity.

(12) To the extent noted here, state agencies may permit:

(a) Their public safety employees to disregard provisions of these rules to the extent necessary to prevent interference with law enforcement and emergency duties;

(b) Detection dog handlers to use specially equipped vehicles for home-to-work travel as necessary for work involving the dog or for the benefit of the dog; or

(c) Undercover criminal investigators to disregard provisions of these rules as necessary to carry out lawful undercover assignments, protect identities, and ensure personal security.

(13) The Governor, the Director of the Department of Corrections, the Adjutant General of the Military Department, the State Fire Marshall, and the Superintendent of State Police may use specially equipped vehicles for fulltime use.

(14) These rules must have no effect on a driver qualifying for salary, employment benefits, or state reimbursement of mileage, meals, lodging, or expenses for which the driver otherwise qualifies.

History

Statutory/Other Authority: ORS 184.305, 184.340 & 278.405
Statutes/Other Implemented: ORS 283.310, 283.340, 283.345 & 283.395
DAS 5-2020, amend filed 10/26/2020, effective 10/30/2020
DASII 4-1995, f. 11-22-95, cert. ef. 11-24-95

Or. Admin. R. 125-155-0200 Authorized Drivers

(1) Only the following persons are authorized to drive motor vehicles on official state business. These drivers are authorized only if they drive in conformance with these rules and meet the following conditions:

(a) Are specifically authorized by state statute, including ORS 283.305, except for (c) and (e); and

(b) Are over the age of 18 years, and

(d) Are under the direction and control of a state agency.

(2) A person related or known to an authorized driver must not drive any motor vehicle on official state business.

(3) The following drivers must obtain agency approval and commit to any conditions the agency imposes before transporting any passenger on state business:

(a) Any authorized driver whose license is restricted in any way (e.g., hardship permit), and

(b) All agents, volunteers, and students (including interns).

(4) An agency must use the DAS RM Vehicle Use and Access Toolkit or a comparable process to verify if a driver is still authorized when/if the driver’s license to drive is suspended or has restrictions.

(5) Issues related to ORS 283.305 (c) and (e) need to follow the variance process outlined in OAR 125-155-0800, Variance Process.

History

Statutory/Other Authority: ORS 184.305, 184.340 & 278.405
Statutes/Other Implemented: ORS 283.310, 283.340, 283.345 & 283.395
DAS 5-2020, amend filed 10/26/2020, effective 10/30/2020
DASII 4-1995, f. 11-22-95, cert. ef. 11-24-95

Or. Admin. R. 125-155-0300 Verifying Driver Qualifications

(1) Agencies and drivers are responsible to ensure the requirements of the law and these rules are followed in all situations.

(2) Agency responsibilities for ensuring driver qualifications include:

(a) Not knowingly allowing anyone who does not conform to these rules to drive on official state business; and

(b) Verifying drivers’ qualifications at any reasonable schedule or time and by any reasonable means, including direct DMV checks, review of records supplied by the driver, or accepting drivers’ signed statements; and

(c) Using the DAS RM Vehicle Use and Access Toolkit or having a comparable policy, procedure, or process when first authorizing a driver for state vehicle use or when a driver license restriction or driving-related issue is discovered (see Toolkit for examples); and

(d) Whenever an agency learns of a change in or restriction to the license of one of its authorized drivers, verifying that the driver meets the agency rule and policy requirements.

(3) Driver responsibilities for ensuring they are qualified to drive include:

(a) Verifying for themselves that they meet all driver qualifications, including requirements of law, rule, and employing and vehicle-owning agency policies; and

(b) Presenting evidence of meeting qualifications to any involved agency upon request; and

(c) Reporting a loss of acceptable driver license status immediately upon returning to work and consistent with agency policies; and

(d) Promptly reporting any other change in requirement or restriction of driver license status to their supervisor a loss of acceptable driver license status or other requirement.

History

Statutory/Other Authority: ORS 184.305, 184.340 & 278.405
Statutes/Other Implemented: ORS 283.310, 283.340, 283.345 & 283.395
DAS 5-2020, amend filed 10/26/2020, effective 10/30/2020
DASII 4-1995, f. 11-22-95, cert. ef. 11-24-95

Or. Admin. R. 125-155-0400 Other Permitted Drivers

(1) Other permitted drivers must comply with state law including the Oregon Vehicle Code.

(2) Other permitted drivers must provide their own automobile insurance coverages to the limits required and defined in contract, intergovernmental agreement or compact.

(3) Vehicle sales and repair contractors may drive state vehicles, at their own risk and as necessary, for pick-up, delivery, and test drives.

(4) An agency shall not furnish a state vehicle to any other permitted driver (except for other governmental entities defined under ORS 174.116 and 174.117) unless a variance has been approved under OAR 125-155-0800.

(5) An agency whose official business needs may include a contractor operating a state vehicle on state business must request a variance of these rules as outlined in OAR 125-155-0800. DAS RM must approve the variance request prior to allowing a contractor to drive any state vehicle (see DAS RM Vehicle Use and Access Toolkit).

History

Statutory/Other Authority: ORS 184.305, 184.340 & 278.405
Statutes/Other Implemented: ORS 283.310, 283.340, 283.345 & 283.395
DAS 5-2020, amend filed 10/26/2020, effective 10/30/2020
DASII 4-1995, f. 11-22-95, cert. ef. 11-24-95

Or. Admin. R. 125-155-0420 Passengers

(1) Agencies may permit authorized drivers to transport people, animals, or things to the extent needed to accomplish official state business. Agencies may impose conditions.

(2) No authorized driver may give a ride in a state-owned vehicle to anyone except as permitted by these rules and necessary to accomplish official state business. Hitch hikers shall not be allowed in any state vehicles or private vehicles being used for state business.

(3) All passengers must follow these rules and all reasonable directions of their drivers.

(4) Authorized drivers must obtain prior agency approval and conditions to transport the following passengers in state vehicles:

(a) Guests of the government;

(b) Observers or ride-a-longs;

(d) Minors, wards, and those who are in the custody of the state or others who are not legally liable for themselves and their agreements; or

(e) Agents or volunteers.

(5) No family members, or friends may be passengers in state vehicles on state business.

(6) Children may ride in state vehicles only when:

(a) OAR 125-155-0420(4) (d) applies, or

(b) DAS issues an order and the agency gives prior approval.

(7) Pets of drivers or working passengers must not ride in state vehicles except when the pet is an assistance animal as defined in ORS 659A.143 or the use is necessary to conduct official state business.

(8) Agencies may give prior approval for an aide to accompany their authorized driver under the following conditions:

(a) The driver’s aide shall be subject to these rules and conditions; and

(b) A driver’s aide shall not drive a state vehicle.

History

Statutory/Other Authority: ORS 184.305, 184.340 & 278.405
Statutes/Other Implemented: ORS 283.310, 283.340, 283.345 & 283.395
DAS 5-2020, amend filed 10/26/2020, effective 10/30/2020
DASII 4-1995, f. 11-22-95, cert. ef. 11-24-95

Or. Admin. R. 125-155-0500 Use of State Vehicles

(1) The law requires that "official state business" be narrowly construed. However, necessary official state business use may coincide with a personal use. When these uses do coincide, certain allowable activities of a personal nature may occur. Allowable activities fit into one of the four categories below:

(a) Day use. Allowable activities under day use include those reasonably occurring en-route such as those listed below. Day use does not include travel between work and home.

(A) Purchasing food and/or eating;

(B) Taking a rest break;

(b) Fulltime and overnight use. Allowable activities under fulltime and overnight use may include activities such as:

(A) Activities listed under day use;

(B) Recreation and fitness;

(D) Grooming and laundering;

(E) Shopping; and

(F) Medical appointments.

(2) A state vehicle must not be used by anyone for private financial benefit.

(3) No one has authority to permit any personal or family use of a state vehicle or any vehicle driven at state risk.

History

Statutory/Other Authority: ORS 184.305, 184.340 & 278.405
Statutes/Other Implemented: ORS 283.310, 283.340, 283.345 & 283.395
DAS 5-2020, amend filed 10/26/2020, effective 10/30/2020
DASII 4-1995, f. 11-22-95, cert. ef. 11-24-95

Or. Admin. R. 125-155-0510 Other Vehicle Uses

(1) Authorized drivers of state vehicles and private vehicles solely on official state business must comply with the following:

(a) Drivers transporting explosive, flammable, radioactive, or other hazardous material must be aware of and comply with all applicable laws. Passengers must be informed of the presence of these materials in the vehicle as required by law and give their informed consent prior to riding in the vehicle.

(b) Drivers must require that passengers wear appropriate safety restraints at all times. Drivers must require that children ride in legally required car seats. Animals must be in secured carriers. Agencies may approve any lawful exceptions.

(c) Drivers or their passengers are not allowed to consume tobacco, marijuana, alcohol, or any other illegal or intoxicating substance before or while operating or riding in a vehicle on official state business.

(d) Drivers or passengers are not allowed to smoke, aerosolize, vape, or use an inhalant delivery system inside state vehicles.

(e) Alcohol or marijuana shall not be transported in state vehicles unless required by an agency for official state business and then only as permitted by law.

(f) Drivers must not transport illegal drugs or contraband of any kind in vehicles except as necessary to conduct their assigned duties of official state business.

(g) Drivers must not transport firearms in vehicles unless required to do so by their agency under its authorization by state law. An agency may permit the transport of unloaded, packaged firearms as necessary for official state business.

(h) Employees may exercise rights under the Oregon Concealed Carry Statute only if the agency’s enabling statute allows employees to be armed.

(i) Specialty and off-road vehicles must not be used for official state business except to the extent an agency determines that necessary official state business cannot reasonably be accomplished without the use of the particular private vehicle. This includes use for travel to and from duty stations, day use, and overnight use.

(2) State vehicles must be stored at sites owned, leased, or controlled by the state except during use of state vehicles under OAR 125-155-0500. When practical, a state vehicle parked at a home, hotel, or motel must be located off public streets in a reasonably secure setting.

(3) Before allowing long-term parking assignment, including home parking of a state vehicle, an agency must do a cost benefit analysis. (See Vehicle Use and Access Toolkit.)

(4) Prior agency approval is required for home parking of a state vehicle. An agency may allow home parking of a state vehicle when one of the following conditions is met:

(a) When the schedule for the work-related task or trip makes same day pick up or drop off at state facilities impractical or when pick up or drop off at another time is more economical.

(b) Assigned, normal duties require the driver to travel frequently to urgent, unscheduled fieldwork after hours. The mere possibility of being called out is not sufficient. Call outs must actually occur with justifiable frequency.

(c) The driver’s home is his or her official duty station from which he or she engages in virtually fulltime fieldwork away from the office or DAS Fleet’s motor pool.

(d) It will clearly reduce state paid time to permit a driver to park a state vehicle at home while on temporary assignment away from the duty station.

(e) Other circumstances caused by state business in which home parking will clearly reduce the direct costs of the agency.

(5) Reasonable emergency aid may be rendered under the following conditions and provisions:

(a) An agency may prohibit, in writing, this emergency aid rule for any or all of its drivers. Employees must not give emergency aid under these rules if their agency has instructed their drivers not to render emergency aid.

(b) Those giving emergency aid must only be state employees on duty and solely on official state business.

(c) In giving emergency aid as provided in these rules, state employees may be deemed to be acting within the course and scope of their duties of state employment for purposes of all state insurance and self-insurance coverages.

(d) The assisting employee may not be held personally liable by the state for any unintended damage to state property if it is used for the kind of task for which it was reasonably designed. For example, pushing or pulling another car requires a state vehicle designed and specially equipped to do that task.

(e) Reasonable emergency aid includes using state fire extinguishers, first aid kits, blankets, or cellular phones and radios to call for aid.

(f) If necessary, a state vehicle may be used to transport someone to the nearest telephone, shelter, repair service, or emergency medical provider when such appropriate medical services are not available. A state vehicle must not be used for unnecessary transport when appropriate professional emergency services are available. Traffic laws must be obeyed.

(g) Rendering aid must be voluntary in every case. Employees are not urged or expected to render aid. An employee should do only what he or she is willing and trained or experienced to do.

(h) Anyone who renders aid other than in compliance with these rules does so as a private person, entirely at their own risk and cost, and not as official state business or duties.

History

Statutory/Other Authority: ORS 184.305, 184.340 & 278.405
Statutes/Other Implemented: ORS 283.310, 283.340, 283.345 & 283.395
DAS 5-2020, amend filed 10/26/2020, effective 10/30/2020
DASII 4-1995, f. 11-22-95, cert. ef. 11-24-95

Or. Admin. R. 125-155-0600 Insurance Coverage

(1) The state's self-insured coverage has been accepted by jurisdictions in the United States, its possessions and territories, and Canada. Drivers must contact DAS RM to arrange coverage for any state vehicles to be driven in other locales. Lack of proper coverage in some countries could result in a driver being personally liable for criminal fine and imprisonment, criminal defense costs, and payment to the state for the confiscation of the vehicle.

(2) The state shall not insure or indemnify friends or family nor insure or indemnify the state authorized driver against any claims brought by friends or family. Friends and/or family members shall ride at their own risk or at the personal risk of the related driver, employee, or person.

(3) Coverage for the state’s vehicles, drivers, and loss-reporting requirements are found in DAS RM self-insurance policies, ORS 30.260-30.300, ORS 283, and ORS 278.

(a) State self-insurance vehicle liability coverage is primary when an authorized driver is approved to drive a state vehicle to conduct official state business and for allowable activities. Personal use or personal business are not official state business for the purposes of insurance coverage by the state, unless otherwise authorized by these rules.

(b) These vehicle rules, in conjunction with the state’s self-insurance policies, will be used to determine coverage of an employee using a state vehicle outside the definition of official state business.

(c) The state does not pay an employee for damage to the employee’s personal vehicle, increased insurance rates, or deductibles due to an accident occurring while on official state business.

(d) When a private or commercially rented vehicle is used contrary to these rules, the driver and vehicle may not be covered by state insurance or self-insurance coverages. When a state owned, rented, borrowed, leased, or private vehicle is used contrary to these rules or state/federal law, use of the vehicle will be considered personal use and the driver and vehicle may not be covered by state insurance or state self-insurance coverages. The driver may be personally liable to the state for the value of the use of the vehicle, any damage to the vehicle, or harm to other parties or property arising out of the misuse. The driver may also be subject to any other discipline or penalty of any kind provided by law, contract, rule, policy, and/or guideline.

History

Statutory/Other Authority: ORS 184.305, 184.340 & 278.405
Statutes/Other Implemented: ORS 283.310, 283.340, 283.345 & 283.395
DAS 5-2020, amend filed 10/26/2020, effective 10/30/2020
DASII 4-1995, f. 11-22-95, cert. ef. 11-24-95

Or. Admin. R. 125-155-0700 Collision and Damage Reporting

(1) Coverages for the state's vehicles, drivers and loss reporting requirements are found in DAS RM self-insurance policies, ORS chapter 30.260-30.300, and ORS chapter 278.

(2) Drivers are responsible to provide their own proof of legally adequate insurance for all uses they make of private vehicles and vehicles they rent for any mixture of state and personal uses. DAS RM provides certificates of self-insurance coverage for rental vehicles that are used exclusively for official state business.

(3) The state shall not pay an employee for damage to an employee’s vehicle, any insurance deductibles, or increased insurance rates due to an accident occurring while on official state business. Mileage reimbursements are the only amounts the state or its agencies may pay to any employee for using his or her private vehicle to conduct official state business. Mileage reimbursement details are found in DAS Chief Finance Office Oregon Accounting Manual and ORS chapter 283.

(4) Drivers must promptly report to their agency all collisions or damage occurring to any vehicle while on official state business.

(a) Agencies must review each report of collision or damage involving any vehicle in use on official state business.

(b) The review must:

(A) Determine whether the collision or damage was caused by unsafe driving techniques; and

(B) Address driver accountability; and

(5) Agencies must report to DAS RM all damage occurring to any state-owned vehicle resulting in total damage costs exceeding the agency self-insurance property deductible.

History

Statutory/Other Authority: ORS 184.305, 184.340 & 278.405
Statutes/Other Implemented: ORS 283.310, 283.340, 283.345 & 283.395
DAS 5-2020, amend filed 10/26/2020, effective 10/30/2020
DASII 4-1995, f. 11-22-95, cert. ef. 11-24-95

Or. Admin. R. 125-155-0800 Variance

(1) DAS Administration may approve an agency’s written request for a variance from any of these rules.

(2) The agency, not the affected driver or passenger, must submit a written request to DAS RM. DAS RM will review the request and submit a written response, including recommendation, to DAS Administration. DAS RM conveys DAS Administration’s decision in writing to the agency.

(3) DAS RM must receive variance requests at least 30 days in advance of the needed effective date. The 30-day requirement starts when DAS RM receives all information needed to evaluate the variance request. Submittal of a variance request does not equal approval. The agency must receive written approval from DAS Administration prior to initiating the action that resulted in the request. (See Vehicle Use and Access Toolkit for guidance.)

(4) For variances related to contractors operating state vehicles, documentation must include:

(a) How the use is clearly necessary and beneficial to the agency; and

(b) Proof the agency has the vehicle owner’s consent, of other than the agency; and

(A) Requires the contractor to comply with these rules; and

(B) Requires the contractor to furnish adequate primary vehicle liability and property insurance; and

(D) Cites the exchange of value for use of the vehicle; and

(E) Holds the contractor liable for its safe use and return.

History

Statutory/Other Authority: ORS 184.305, 184.340 & 278.405
Statutes/Other Implemented: ORS 283.310, 283.340, 283.345 & 283.395
DAS 5-2020, amend filed 10/26/2020, effective 10/30/2020
DASII 4-1995, f. 11-22-95, cert. ef. 11-24-95

Or. Admin. R. 125-155-0900 Management of State Vehicles

(1) The following sections apply only to state agencies as defined in and subject to ORS 283.305 through 283.395.

(2) DAS must establish and enforce a minimum mileage standard for light fleet vehicles. (See Statewide Vehicle Management Policy.)

(a) DAS must develop and use a method for calculating the minimum monthly mileage threshold per vehicle. The Fleet Management Advisory Council must review and approve the method proposed for use.

(b) As directed by DAS, agencies must provide responses to an annual or biennial review of vehicle usage. Agencies will be advised of the format for the information and the method and timeframe for required responses, any of which may change for each review period.

(c) As directed in the Statewide Vehicle Management Policy, agencies must submit in writing a request for exception for any light fleet vehicles that do not meet the minimum monthly mileage threshold. The Fleet Management Advisory Council must develop and approve exemption criteria, with the DAS Director providing final approval.

(d) The DAS Director or designee approves exemption requests. Vehicles that do not meet the exemption criteria or are not approved for exemption are subject to reassignment or sale.

(3) DAS must establish vehicle replacement criteria for light fleet vehicles in collaboration with the Fleet Management Advisory Council. The Council must review and approve any deviation from the established replacement criteria. The criteria set will be published in the Statewide Vehicle Management Policy, reflecting changes in optimal replacement standards due to emerging vehicle technologies and other relevant factors.

History

Statutory/Other Authority: ORS 283.305
Statutes/Other Implemented: ORS 283.312, 283.314
DAS 5-2020, amend filed 10/26/2020, effective 10/30/2020
DASII 4-1995, f. 11-22-95, cert. ef. 11-24-95

Division 156 SALE OF COMPRESSED NATURAL GAS

Or. Admin. R. 125-156-0000 Sale of Compressed Natural Gas to Private Entities

(1) The Department of Administrative Services (DAS) may sell Compressed Natural Gas (CNG) for vehicle fueling purposes to members of the public or private entities until a CNG fueling vendor is established within fifty miles of the DAS owned fueling site(s).

(2) DAS will charge a rate sufficient to recover the cost of the fuel and any incidental administrative costs to provide the service.

History

Statutory/Other Authority: 2010 OL Ch. 30, Sec. 13, 14 & ORS 283.310
Statutes/Other Implemented: ORS 283.327
DAS 1-2012, f. 7-27-12, cert. ef. 8-1-12

Division 160 ADMINISTRATION AND BENEFITS OF THE INMATE INJURY SYSTEM

Or. Admin. R. 125-160-0000 Purpose, Applicability, and Effective Date

(1) Section 41, Article 1 of the Oregon Constitution provides that injury or disease from inmate work shall be covered by a corrections system inmate injury fund rather than workers compensation law. These rules set procedures and benefits. They are patterned generally after accidental death and disability insurance.

(2) These rules apply to injuries to inmates in authorized work or training assignments of the Oregon Department of Corrections.

(3) These rules apply to injuries occurring on and after June 30, 1995.

History

Statutory/Other Authority: ORS 184.340, 278.405, 655.520 & 655.555
Statutes/Other Implemented: ORS 655.505 - 655.555
DASII 2-1996, f. & cert. ef. 3-26-96
DASII 2-1995(Temp), f. & cert. ef. 9-28-95

Or. Admin. R. 125-160-0010 Definitions

As used in chapter 125, division 160, unless the context requires otherwise:

(1) "Awards" or "benefits" include one or more of the following types:

(a) "Death benefit" means the monthly amount of disability award the person deceased from a covered death would have received at a disability rating of 100 percent. Death benefit also includes any payment to the claimant's estate of burial expenses.

(b) "Final benefit or award" means the Department's final notice of all benefits due to claimant. It is normally issued upon claimant's request for reaffirmation or modification of the initial estimate. Benefits do not increase after final award appeal rights are exhausted.

(c) "Initial estimate" means the Department's notice to a claimant that the injury qualifies for permanent disability benefits. It includes the estimate of disability rating and benefits.

(d) "Medical services" means those medications, medical procedures, rehabilitation services, physical aids, and prosthetics that are duly prescribed by the attending physician. Medical Services must be of proven therapeutic value. They must be medically necessary to the process of recovery from the covered injury. They permanently cease when a claimant is medically stationary.

(e) "Permanent disability benefit or award" means the Department's estimated and final calculations of the benefit for a permanent disability from a covered injury.

(f) "Prosthetics benefit" means an amount paid, reserved, or added to permanent disability benefits for the repair or replacement of prosthetics. The cause of repair or replacement must be normal wear and tear or medical need caused by the covered injury and no other cause. The award shall be the Department's estimate of current replacement cost, multiplied by the probability of replacement before other benefit eligibility is attained multiplied by the disability rating. Covered prosthetics are only those prescribed by the attending physician and not available over the counter. They must be medically necessary due to the covered injury and no other cause. No prosthetics awards shall be made for pre-existing prosthetics or for glasses, hairpieces, or dentures. Prosthetics benefits shall cease if and when permanent disability award payments cease to be paid or payable for any reason.

(g) "Rehabilitation Services" means physical restorative services prescribed by the attending physician. They must be necessary to recovery from a covered injury. They are part of medical services.

(h) "Training benefit" means any training provided by Corrections during confinement that may improve the chances of employment.

(2) "Authorized work or training assignment" is the duties of, and travel to and from, work or occupational training assigned to the claimant by Corrections. It applies only to assignments during confinement in a facility or institution located within Oregon and operated by Corrections. An assignment begins with the first line movement going to, and ends with the last line movement leaving, the assignment.

(3) "Beneficiary" is a dependent of the claimant who may claim death benefits upon claimant's covered death. Beneficiaries shall meet the following tests:

(a) A beneficiary must, on the date of injury and on the date of covered death, be one of the following, in relationship to the deceased inmate-claimant:

(A) Legal husband or wife of the claimant.

(B) Child of the claimant. Child includes claimant's natural child, born or unborn, claimant's legally adopted child, stepchild, or other child toward whom the claimant stands in loco parentis.

(C) Father, mother, grandfather, grandmother, stepfather, stepmother, grandson, granddaughter, brother, sister, half-sister, half-brother, niece or nephew of the claimant.

(b) A beneficiary must also meet the following with regard to the deceased inmate-claimant:

(A) A beneficiary shall have relied upon the claimant for the major part of beneficiary's financial support. He or she shall have done so for the twelve months preceding the date of Corrections confinement, date of injury, or date of covered death. The Department shall select from these three dates the one it deems the most reasonable indicator of dependency under the circumstances.

(B) A beneficiary who is the deceased's child shall not have attained 18 years of age or have married. He or she shall not be legally emancipated and not, since claimant's confinement, have filed for emancipation from the claimant's parenting. He or she shall not have had a court terminate the inmate's parental rights. He or she shall not, since the inmate's confinement, have filed for, or had a parent or legal guardian file for, the termination of the claimant's parental rights.

(C) A beneficiary shall not have terminated nor, since claimant's confinement, applied in any way to terminate the familial, legal relationship of the beneficiary to the claimant.

(D) A beneficiary shall not be divorced from, nor have applied for legal separation or divorce from, the claimant during the period between the claimant's Corrections' confinement and covered death. Divorce or separation shall not bar a beneficiary if the beneficiary also applied for, received, or attempted by process of law, to collect funds from the claimant for support or maintenance throughout that period.

(4) "Claim," "request," or "application" means written requests delivered to the Department claiming benefits due the claimant. Claims shall be on the forms or in the formats set from time to time by the Department. They shall be filed within the times set by these rules.

(5) "Claimant" is an inmate who has filed a claim for benefits claimed to be due to him or her under these rules. As applicable, claimant also includes beneficiaries, legal representatives of inmates' estates, and medical providers. Someone other than the inmate may be a claimant only of benefits due directly to him or her, not to benefits which the inmate may claim.

(6) "Confinement" means the claimant, inmate or beneficiary, is held in the legal and physical custody of any government penal, or other agency or institution, under court order. Confinement stops permanent disability and death benefits.

(7) "Corrections" means the State of Oregon Department of Corrections.

(8) "Corrections Medical Staff" means the physicians, nurses, and medical contractors of Corrections. It includes the medical staff of any penal institution where a claimant is confined when designated by Corrections or the Department to provide medical services under these rules.

(9) "Covered Death" means the claimant's death due, in large part, to a covered injury. A death may be a covered death only if it occurs within one year after the date of injury or if a claim for the covered injury was filed within 90 days of the date of injury and was not denied.

(10) "Covered Disease" means a disease or infection that meets all the following tests:

(a) It is caused in major part by the accidental exposure to substances in the course of authorized work or training assignment. Exposure means ingestion, absorption or inhalation of, or accidental contact with, the substance. Substances include dust, fumes, vapors, gases, radiation and the like. Substances shall only be those to which a worker who is not an inmate is not ordinarily exposed.

(b) It causes damage to physical body tissues or organs.

(d) It is not an injury, illness, disease, or condition already awarded compensation by public or private funds.

(e) The Department has found it eligible for benefits under these rules.

(11) "Covered Injury" means that injury which meets all the following tests:

(a) It is accidental.

(b) It causes sudden damage to physical body tissues or organs, or accidental injury to prosthetic devices.

(d) It requires medical services.

(e) It is not an injury, illness, disease, or condition already awarded compensation by public or private funds.

(f) The Department has found it eligible for benefits under these rules.

(g) Unless the context clearly requires otherwise, covered injury also includes covered disease.

(12) "Date of injury" means:

(a) For a covered injury, the day on which the accident occurred.

(b) For a covered disease, the earlier of the date of first medical treatment or date of diagnosis of the covered disease. Date of injury shall not be later than two years after the last exposure to the alleged disease-causing substance in the authorized work or training assignment.

(13) "Department" means Risk Management of the Enterprise Goods and Services Division of the Department of Administrative Services. It also means any contractor or agency designated by the Department to perform the Department's duties under these rules.

(14) "Disability" means the attending physician's determination of permanent disability from objective medical findings.

(15) "Disability rating" means the attending physician's determination from objective medical findings of claimant's percent of permanent disability due solely to the covered injury. The rating shall conform to the following:

(a) If the claimant has no pre-existing disabilities or disability awards, the disability rating shall be the claimant's permanent impairment. It shall be found according to the 3rd Revised, or later, edition of the AMA Guides to the Evaluation of Permanent Impairment. The physician shall identify the edition used. The disability rating shall be expressed as a percentage of a whole person. If more than one organ system is rated, the percentage of impairment of the whole person shall be combined using the combined values chart in the AMA Guides.

(b) If the claimant has pre-existing disabilities or disability awards, the maximum disability from all sources and causes shall not exceed 100 percent. The Department or the physician shall combine the current disability rating for the covered injury with all prior disabilities and disability awards from any source. The combined values chart in the AMA Guides shall be used. If the combined disability rating exceeds 100 percent, the disability rating for the covered injury shall be reduced to lower the total to 100 percent. The Department shall convert a disability award from any other system to an impairment rating of a whole person when necessary.

(16) "Employment" means claimant's ability, after release from confinement, to seek and perform employment. It shall include any lawful employment which pays at least the then statutory minimum wage of the State of Oregon. It shall be immaterial whether employment is obtained or exists.

(17) "Inmate" is a person committed to the physical and legal custody of Corrections.

(18) “Inmate Hourly Wage Rate,” for purposes of calculating benefits under these administrative rules only, means:

(a) For inmates working in PIECP work projects, the Inmate Hourly Wage Rate is the rate established by Oregon Corrections Enterprises in accordance with the annual prevailing hourly wage rate determination completed by the Oregon Department of Employment.

(b) For other inmates, the Inmate Hourly Wage Rate is the state hourly minimum wage established under ORS 653.025.

(19) "Major part" means clearly and substantially more than half of the whole of all causes or contributing factors. Major part does not mean merely disproving factors deemed to be other possible causes.

(20) "Medically Stationary" or "Stationary" means that the attending physician finds that no further material medical improvement would reasonably be expected from medical treatment or the passage of time.

(21) “Other benefit eligibility” means:

(a) A claimant is deemed to be eligible to receive social security benefits in lieu of wage replacement benefits made available to claimants under these rules or

(b) A claimant is deemed to be eligible to receive Medicare benefits in lieu of medical payment benefits made available to claimants under these rules.

(22) “Permanent disability” means that the claimant is medically stationary and has a disability rating from the covered injury that will be permanent.

(23) "Physician" means a person licensed, in the state where he or she provides medical services, as a medical doctor, doctor of osteopathy, doctor of optometry, doctor of dentistry or nurse practitioner. All physicians may only provide medical services within the scope of their license. Physician includes one or both of the following:

(a) "Attending physician," Corrections medical staff or other physician authorized in advance by the Department. Attending physicians may diagnose and evaluate injuries and diseases. They may provide or direct medical services to claimants. They may send claimants to medically appropriate specialists for specific treatment, evaluation, advice, or consultation. They determine permanent disability ratings, and medically stationary dates.

(b) "Consulting or advisory physician," a physician selected and paid by the Department, Corrections, or the claimant to advise the attending physician. The consulting physician shall review the findings of the attending physician or evaluate the claimant to advise whether the claimant is medically stationary, permanently disabled, and the degree of disability rating.

(24) “PIECP” means a Department of Corrections inmate work program certified under the federal Prison Industries Enhancement Certification Program (PIECP) as exempted under 18 USC 1761(c) from the federal prohibition against the transport of inmate-produced goods in interstate commerce.

(25) “PIECP Work Project” means a specific inmate work project that is part of the Prison Industry Enhancement Program.

(26) "Release" means the claimant's release from Corrections' confinement. When the context requires, release also means the date of release from any subsequent confinement.

(27) "Substantial evidence" means that all the discovered evidence, taken together, would lead a reasonable fact finder to believe the facts asserted are more probably true than false. When the weight of the evidence is equal to both sides or only slightly greater to the claimant's side, the fact finder shall find against the claimant.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 184.340, 278.405, 655.520 & 655.555
Statutes/Other Implemented: ORS 655.505 - 655.555
DAS 2-2017, f. 6-28-17, cert. ef. 7-1-17
DAS 3-2009, f. & cert. ef. 1-23-09
DAS 7-2008(Temp), f. & cert. ef. 10-15-08 thru 4-11-09
DASII 2-1996, f. & cert. ef. 3-26-96
DASII 2-1995(Temp), f. & cert. ef. 9-28-95

Or. Admin. R. 125-160-0020 Calculation of Permanent Disability Awards

A permanent disability award is calculated as two-thirds of the Inmate Hourly Wage Rate multiplied by the disability rating. The weekly amount is calculated in this manner. The Inmate Hourly Wage Rate, in effect on the date of release, is multiplied by 40, multiplied by .667, and multiplied by the disability rating. To convert to a daily benefit, the weekly amount is divided by seven. To convert to a monthly benefit, the weekly amount is multiplied by 4.35. A prosthetics allowance may be added to the permanent disability award. During confinement, permanent disability and training benefits are entirely limited to any training provided by the Oregon Department of Corrections.

History

Statutory/Other Authority: ORS 184.340, 278.405, 655.520 & 655.555
Statutes/Other Implemented: ORS 655.505 - 655.555
DAS 3-2009, f. & cert. ef. 1-23-09
DAS 7-2008(Temp), f. & cert. ef. 10-15-08 thru 4-11-09

Or. Admin. R. 125-160-0100 Medical Services Limits

The Department shall calculate and limit medical services as follows:

(1) While still in confinement, benefits shall be limited to medical services provided by or at the direction of Corrections medical staff.

(2) After the release date, any medical services shall be payable for no more than the 6 months immediately following release. Medical services shall be provided only by, or at the direction of, the attending physician and only while the claimant is not stationary.

(3) After the release date, medical services shall be limited to $10,000. No more than $2,000 of that limit may be applied to rehabilitation services. The limit does not apply to services provided by and through Corrections medical staff while the claimant is confined.

(4) In response to the attending physician's request, Department may waive the foregoing limit on medical services payments. Waiver shall be in increments of $5,000 not to exceed a total medical services limit of $75,000. Any conditions that Department may deem reasonable may be attached to its waiver. Any waiver shall conform to one of the following:

(a) Corrections medical staff may request a waiver shortly before or after the date of release if these conditions are met:

(A) Claimant's medical condition shall have remained medically unstationary from time of injury through time of waiver request and release.

(B) Claimant shall be reported by Corrections to be actively cooperating toward recovery.

(C) The treating physician shall give Department a written report. It shall state that the medical condition is due to the covered injury and no other cause. It shall estimate the amount by which essential medical treatment will exceed the foregoing limit on medical services. It shall include a plan of essential treatment.

(b) A post-release attending physician may request a waiver no later than 90 days after release if the foregoing conditions are met. Also, this additional condition shall be met: Due to a covered injury and from no other cause, claimant shall be in dire medical condition that directly threatens death or a permanent disability rating of 70 percent or more.

(5) Further medical services limits after release are as follows:

(a) Prior to the first visit to any post-release physician, the claimant shall obtain the Department's written approval for that attending physician. If the Department disapproves the claimant's request, it shall provide the claimant with a list of physicians with whom the claimant may treat. The Department may require a claimant to seek medical treatment through a contract medical service or a Corrections institution's medical staff. A claimant may not change physicians without prior approval of the Department.

(b) The Department may require any physician to provide a written plan for treatment of the covered injury and any other reports, useful under these rules.

(c) Attending physicians, and any medical providers to whom the attending physician or the Department refer claimant under these rules, may bill the Department for reasonable and necessary medical expenses. They shall do so in the same manner and amounts as provided for services under ORS Chapter 656 and related rules, or as provided in any contract with the Department.

(d) The Department shall be required to pay for an examination, investigation, or report only if it is required by the Department or provided or required by the attending physician. This shall include consulting or advisory physicians’ examinations and reports. Department may choose to pay anyone for any actual expense which it considers necessary or useful to determine a claim or to prove a subrogation claim.

(e) The cost of reasonable and necessary medications, prescriptions, physical aids, and prosthetics are medical services. Only those required solely for recovery from the covered injury and duly prescribed by the attending physician qualify. Department may require that these be obtained from the Department, its contract provider, a mail-order service, or any other means determined by the Department to be economical or reasonable.

(f) The Department may require claimants to purchase any prescribed items through a contract pharmacy or mail order supplier. The Department may, from time to time, provide claimants with any terms and conditions for reimbursement of prescription purchases that it deems reasonable. All reimbursement requests shall be submitted in a form required by the Department, with all required documentation, and within 30 days following purchase.

(g) The attending physician shall closely monitor medications. Department shall only pay for a two week supply and one refill of a two week supply. Physician must see the claimant before further refill. The physician may prescribe larger quantities under the terms of a contract with the Department of Corrections or if the medication is known to the physician to be without potential for abuse.

(6) Any and all benefits payable or potentially payable to any claimant after release from confinement may be permanently terminated by Department without notice when any of the following occur:

(a) Attending physician's estimated duration of the need for medical services expires without medical findings that claimant continues to require medical services related to the covered injury.

(b) Attending physician reports that claimant is not cooperating in claimant's own recovery.

(d) Claimant fails to appear for any appointment with any physician designated by the Department or the attending physician for which at least 14 days of notice was given to the claimant.

(e) Claimant becomes medically stationary.

(7) Medical services may be permanently terminated by Department without notice, upon claimant commencing work or applying for, or receiving, unemployment compensation.

(8) Minor injuries, those that require only first aid or that do not result in permanent disability as defined by these rules, shall qualify only for any medical services that may be provided by Corrections.

History

Statutory/Other Authority: ORS 184.340, 278.405, 655.520 & 655.555
Statutes/Other Implemented: ORS 655.505 - 655.555
DAS 2-2017, f. 6-28-17, cert. ef. 7-1-17
DASII 2-1996, f. & cert. ef. 3-26-96
DASII 2-1995(Temp), f. & cert. ef. 9-28-95

Or. Admin. R. 125-160-0110 Benefit Limits During Permanent Disability

(1) For purposes of initial estimates and final awards, the Department shall calculate and limit benefits for permanent disability as described in this rule:

(2) While still in confinement, all permanent disability and training benefits shall be limited to training provided by Corrections. The need for, and type of, any training shall be decided solely by Corrections. All medical services benefits are permanently terminated.

(3) Upon release all permanent disability benefits shall be limited to the permanent disability payments and prosthetics awards approved under these rules. All medical services benefits except preparation of reports for final award or appeals are permanently terminated. No training benefit shall be provided after release except that the Department, solely upon the request and advice of Corrections, may extend a program commenced in confinement.

(4) Upon release with permanent disability, any prosthetics award may be paid in advance. It may be reserved to pay when actual need is proven. It may be converted to a periodic payment and paid as part of the permanent disability award. Department shall select the payment method it deems reasonable in its final award.

(5) Upon release with permanent disability, the permanent disability award shall be payable for limited periods. The periods start when release and medically stationary dates are both attained. Although no payment shall be made, time spent in later confinement shall count against the period in which benefits would be payable. Disability ratings and periods shall be as follows:

(a) For a rating of 10 percent or less, the permanent disability award shall be zero.

(b) For a rating of more than 10 percent through 20 percent, the permanent disability award shall be payable for a period of 24 months or until the claimant attains an age when other benefit eligibility occurs, whichever occurs first.

(c) For a rating of more than 20 percent through 30 percent, the permanent disability award shall be payable for a period of 48 months or until the claimant attains an age when other benefit eligibility occurs, whichever occurs first.

(d) For a rating of more than 30 percent through 40 percent, the permanent disability award shall be payable for a period of 96 months or until the claimant attains an age when other benefit eligibility occurs, whichever occurs first.

(e) For a rating of more than 40 percent through 50 percent, the permanent disability award shall be payable for a period of 132 months or until the claimant attains an age when other benefit eligibility occurs, whichever occurs first.

(f) For a rating more than 50 percent through 60 percent, the permanent disability award shall be payable for a period of 180 months or until the claimant attains an age when other benefit eligibility occurs, whichever occurs first.

(g) For a rating of more than 60 percent through 70 percent, the permanent disability award shall be payable for a period of 240 months or until the claimant attains an age when other benefit eligibility occurs, whichever occurs first.

(h) For a rating of more than 70 percent through 80 percent, the permanent disability award shall be payable for a period of 300 months or until the claimant attains an age when other benefit eligibility occurs, whichever occurs first.

(i) For a rating of more than 80 percent through 90 percent, the permanent disability award shall be payable for a period of 360 months or until the claimant attains an age when other benefit eligibility occurs, whichever occurs first.

(j) For a rating of more than 90 percent through 100 percent, the permanent disability award shall be payable until the claimant attains an age when other benefit eligibility occurs.

History

Statutory/Other Authority: ORS 184.340, 278.405, 655.520 & 655.555
Statutes/Other Implemented: ORS 655.505 - 655.555
DAS 2-2017, f. 6-28-17, cert. ef. 7-1-17
DASII 2-1996, f. & cert. ef. 3-26-96
DASII 2-1995(Temp), f. & cert. ef. 9-28-95

Or. Admin. R. 125-160-0120 Death Benefit Limits

(1) Upon a covered death, the death benefit to the claimant’s estate shall be limited to $3,000 for actual and reasonable costs of transport and burial.

(2) The death benefit to beneficiaries shall be limited to the deceased’s disability award. It shall be distributed in percentage shares of the monthly amount to beneficiaries qualifying under these rules. The total shall not exceed 100 percent of the monthly amount.

(3) The death benefit shall be allocated among three beneficiary groups: spouse, children, and others. If no claim is filed from any of these groups, that group’s allocation shall be applied to the remaining groups.

(4) Distribution among and within the three beneficiary groups shall be as follows:

(a) Ten percent shall be divided equally among qualifying, claiming beneficiaries other than claimant’s spouse or child.

(b) Forty-five percent shall go to the qualifying, claiming spouse.

(c) Forty-five percent shall be divided equally among qualifying, claiming children. Department shall not be required to do so, but may choose to pay a child’s benefit on its behalf to any custodial parent or to an annuity or trust fund in the child’s name.

(5) Death benefits may commence upon covered death if it occurs after release. If covered death occurs in confinement, death benefits shall be deferred to what would have been claimant’s next likely release date. However, if the deceased provided the major part of the beneficiary’s financial support for the 12 months preceding the covered death, the death shall be treated as a post release death. Support shall be counted only from the deceased’s authorized work assignments and any pre-confinement work.

History

Statutory/Other Authority: ORS 184.340, 278.405, 655.520 & 655.555
Statutes/Other Implemented: ORS 655.505 - 655.555
DASII 2-1996, f. & cert. ef. 3-26-96
DASII 2-1995(Temp), f. & cert. ef. 9-28-95

Or. Admin. R. 125-160-0200 Claiming Benefits

(1) Only a person to whom a payment or benefit is directly due under these rules may claim the benefit. A potential beneficiary may not join or intervene in an inmate’s claim. Only the claimant’s attorney may represent a claimant. No one may intervene in any claim except the legal representative of an incompetent claimant. The Department shall not pay the costs of a claimant’s legal representation.

(2) The Department may require that all claims for benefits or payments be or include:

(a) In the form or formats which the Department may from time to time prescribe. The Department may supply a form or format requirement upon request or exclusively through Corrections, as Department and Corrections may deem reasonable.

(b) Any information that Department deems likely to bear on the qualification or disqualification for benefits under these rules and related law. Department may require certified copies of any records.

(c) Claimant’s signed request for release to Department of all records by all parties. Claimant shall also sign any additional request for release of records that the Department shall require. Claimant’s failure to adequately request and authorize the release of any record, or to provide the record within 30 days, shall be sufficient cause for the Department to permanently deny the claim.

(d) A signed statement by the claimant attesting to the truth of all the information provided.

(3) A claim or request that does not conform to the requirements of these rules shall be invalid and have no effect whatsoever. To be valid and effective, a claim must be:

(a) Received by Department within the time limits set by these rules.

(b) On the forms or in the formats prescribed by the Department.

(d) Signed by the claimant to whom any benefit would be rendered.

(4) The following claims shall be filed within the times and conditions noted:

(a) Inmate’s initial claim for a covered injury shall be received within 90 days after the date of injury.

(b) Claimant’s request for reaffirmation of initial estimate shall be received between 60 days prior to release and 180 days after release. It shall identify the claim, claimant, and initial estimate. It shall provide the claimant’s expected or actual release date, post-release residence and mailing addresses, and all other information requisite to the payment of benefits. Upon verifying the validity of the request, Department shall commence the payments in its initial estimate as provided by these rules. Department shall defer payments for investigation if it has reason to believe claimant is no longer disabled as estimated.

(c) Claimant’s request for modification of initial estimate shall be received between 60 days prior to release and 180 days after release. A request for modification of an initial estimate is commenced when claimant notifies Department that claimant intends to seek a re-evaluation of the disability rating by the attending physician. Department shall give its notice of approval for re-evaluation to claimant and attending physician. The physician shall then have 60 days to re-evaluate the claimant, including the review of any advisory or consulting physician’s reports. The attending physician shall report to Department the extent and explanation of any change in the disability rating due to the covered injury and no other cause. Department shall treat the attending physician’s current report as required by these rules, making appropriate increase or decrease from its initial estimate of permanent disability benefits and commencing payment.

(d) Claimant’s request for Department approval of attending physician shall be received shortly before, or not later than two weeks after, release and before the physician’s services commence. Only a claimant whom Corrections medical staff finds not to be medically stationary at time of release shall make this request.

(e) Claim for burial benefit shall be received within 90 days after claimant’s covered death. It shall be made only by the legal representative of the estate.

(f) Initial claim for death benefit shall be received within 90 days after claimant’s covered death. Request to start deferred death benefit payments shall be received between 60 days prior, and 180 days after, the date the benefits may start under these rules.

(g) Claim for payment from a medical provider to be paid under these rules shall be received within 90 days of the qualifying service provided.

(h) Claim for any other approval, right, award, payment, or benefit permitted under these rules shall be received within 30 days after the date that the thing claimed accrues or becomes payable or eligible to request.

(5) To reduce paperwork, the Department may combine any of the claims, responses, or steps for determining any claim, initial estimate, final award, and death benefits.

History

Statutory/Other Authority: ORS 184.340, 278.405, 655.520 & 655.555
Statutes/Other Implemented: ORS 655.505 - 655.555
DASII 2-1996, f. & cert. ef. 3-26-96
DASII 2-1995(Temp), f. & cert. ef. 9-28-95

Or. Admin. R. 125-160-0300 Evaluating Claims

(1) No benefit shall be awarded or paid except through request and proof of eligibility as required by these rules and related law. A claim shall be approved if the claimant proves to the Department that the claim, injury, disability, and all related issues qualify and conform to these rules and related law.

(2) Department shall investigate any claim for benefits as it deems necessary to determine eligibility under these rules and the extent of any benefits. Department shall notify claimant of its denial or initial estimate of benefits in a reasonable time. When practical, Department shall issue its initial estimate in the period after claimant is stationary and before claimant is released.

(3) The attending physician shall make all medical determinations with regard to the claim. If Department finds the attending physician is not complying with these rules, Department may name a new attending physician to provide all medical services. The attending physician shall:

(a) Determine the existence and nature of the reported injury, its extent and expected duration of the need for medical services.

(b) Determine the claimant's medically stationary date and any permanent disability rating.

(d) Report to the Department. Reports shall be in sufficient detail to show that all determinations are based on medical evidence supported by objective findings as provided in ORS 655.510(2). The reports shall show due consideration of any input from advisory or consulting physicians. Reported pain or alleged limited range of motion, without objective findings, shall not meet this requirement.

(4) Department may require a claimant to be examined by any physician or physicians if Department considers such examination necessary to determine a claim. Failure to attend the examination will be considered abandonment of benefits.

(5) If there is a dispute among physicians as to any medical fact or issue, the attending physician shall determine the dispute. He or she shall give due consideration to the reports of consulting or advisory physicians.

History

Statutory/Other Authority: ORS 184.340, 278.405, 655.520 & 655.555
Statutes/Other Implemented: ORS 655.505 - 655.555
DAS 2-2017, f. 6-28-17, cert. ef. 7-1-17
DASII 2-1996, f. & cert. ef. 3-26-96
DASII 2-1995(Temp), f. & cert. ef. 9-28-95

Or. Admin. R. 125-160-0310 Evidence and Construction

The following rules of evidence and construction shall apply to all issues bearing on a claim:

(1) It shall be the claimant’s burden to prove, by a preponderance of the evidence, all facts necessary to sustain a claim. Should a claimant make false statements or supply false information in the claim, in prior claims, or in letters, testimony or materials submitted to Department or hearings officer, Department or hearings officer may direct that the claimant’s standard of proof shall increase to clear and convincing evidence. Department may also provide its evidence of falsehood to Corrections and the District Attorney for further action. Clear and convincing evidence shall also be required to overcome any evidence which these rules say shall be presumed true or a rebuttable presumption.

(2) These rules shall be interpreted according to their plain meaning and not construed in favor of the claimant.

(3) The attending physician’s reports written and delivered to Department and containing the items required by these rules, shall be presumed true and shall suffice to prove the medical findings reported therein.

(4) The records, computer and others, of any agency shall be presumed true and shall suffice to prove the facts reported therein, as they bear on questions of fact necessary to sustain or deny a claim for benefits.

(5) Department’s records shall be presumed true and shall suffice to prove all timing and procedural matters noted therein.

(6) Corrections records shall be presumed true and shall suffice to prove all dates, assignments, medical services, discipline, violations, release dates, and any other matters occurring during confinement and subject to Corrections legal control.

(7) Claimant’s failure to report any covered injury to the work or training supervisor before leaving the alleged injury scene or the work or training site, shall create the rebuttable presumption that the injury was not a covered injury.

(8) Claimant’s failure to apply for Corrections’ medical treatment as soon as the medical need is, or should be known, shall create the rebuttable presumption that the injury is not a covered injury.

History

Statutory/Other Authority: ORS 184.340, 278.405, 655.520 & 655.555
Statutes/Other Implemented: ORS 655.505 - 655.555
DASII 2-1996, f. & cert. ef. 3-26-96
DASII 2-1995(Temp), f. & cert. ef. 9-28-95

Or. Admin. R. 125-160-0400 Claims Denials

(1) The Department shall deny benefits for any claim upon substantial evidence that the injury was caused by or arose, in whole or in any part, out of any of the following:

(a) The claimant’s intentionally self-inflicted injury, whether or not the full extent of actual injury was clearly expected. If an injury results from any act that would cause a reasonable person to conclude the actor intended or should have expected some self-injury, the whole injury shall be considered self-inflicted;

(b) The claimant’s willful violation of work rules or rules regulating inmate conduct or premises security. No issues relating to the legality or nature of any Corrections work, conduct, or premises rules, shall be considered in connection with a claim;

(c) The claimant’s active participation in an assault or combat. Combat shall not bar a claim if Corrections assigned the combat in writing to the inmate as an official duty he or she was required to perform. Any finding by Corrections that assault or combat occurred, shall stand unless reversed by Corrections through its appeal processes;

(d) The circumstances of the claimant being compelled to participate in any employment or training. No issues relating to the legality or nature of confinement, compulsory participation, or restrictions on inmate activities, shall be considered in connection with a claim;

(e) Disciplinary action taken by Corrections against the claimant. Correction’s disciplinary records, alone, shall be dispositive of this issue. Any dispute related to disciplinary action shall be resolved under the laws and rules relating to inmate discipline, control, or confinement. No issues relating to the legality or appropriateness of any disciplinary rule or action shall be considered in connection with a claim;

(f) Any action taken by Corrections to protect the safety of anyone or to maintain order. No issues relating to the legality or appropriateness of any action taken by Corrections to protect or maintain order shall be considered in connection with a claim; or

(g) Actions of other inmates. This phrase means any injurious actions of inmates except unintentional, negligent actions done in good faith as a direct part of the duties assigned to those inmates in their authorized work or training.

(2) In any case, the Department shall deny benefits for any claim, if:

(a) The claimant has a pending application for, or claimant’s medical condition or disability has been accepted or approved by, any other source of compensation for the injury. Within 60 days after the pending application for other compensation is finally rejected, claimant may request in writing that Department reconsider its claim denial under this paragraph.

(b) The only substantial evidence of when and where the claimant was injured is the report of the claimant or the report of the claimant and the testimony of one other inmate.

(c) The attending physician reasonably concludes that claimant’s present or prior participation in weightlifting, other athletics, abuse of drugs or alcohol or tobacco, or manufacture of drugs or drug components could have produced the medical findings of the purported injury.

(d) The attending physician concludes that the work or training assignment cannot reasonably account for claimant’s injury.

(e) The attending physician concludes that the injury or the disability would not have resulted from the event but for claimant’s pre-existing injuries, diseases, medical conditions, diseases of ordinary life, natural aging processes, hypersensitivity’s, mental or emotional health, or psychological reactions.

History

Statutory/Other Authority: ORS 184.340, 278.405, 655.520 & 655.555
Statutes/Other Implemented: ORS 655.505 - 655.555
DASII 2-1996, f. & cert. ef. 3-26-96
DASII 2-1995(Temp), f. & cert. ef. 9-28-95

Or. Admin. R. 125-160-0500 Delivery of Claims, Notices, Responses

(1) The Department shall send any and all notices, letters, responses, and benefits payments by regular mail or other reasonable means to the claimant’s last known residential address or to claimant’s parole or probation officer’s address. Department records of mailings shall be proof of mailing and shall constitute delivery.

(2) Department may refuse to mail to a post office box when it deems reasonable to do so. Department shall not mail to General Delivery, message services, drop boxes, or third party addresses. Payments and notices mailed by Department to claimant shall say “do not forward” or similar wording required by the delivery carrier to prevent forwarding of mail.

(3) Claimant shall file all claims, requests, and appeals in writing by mail. Claimant may file by electronic facsimile to department’s Fax number if claimant mails the original to Department on the same day. No claim or information necessary to a claim may be delivered by claimant by means of electronic computer mail or orally in person or by telephone. Only physical receipt by Department shall constitute delivery.

(4) Department and Corrections shall have no duty to give advice or notify, warn, or remind any claimants or potential claimants of their rights or duties under these rules. This includes the deadlines for filing requests or claims. Should Department give incorrect information, that shall not relieve the recipient of his or her duty to conform to these rules nor shall it alter any benefit to which the person may be entitled under these rules.

(5) Department may make available to Corrections and to any requesting law enforcement agency or publicly funded benefit program, any information provided to it under these rules. The requesting entity shall make its request in writing and state therein that the records are sought in connection with a valid investigation of a crime, or of a request for benefits.

History

Statutory/Other Authority: ORS 184.340, 278.405, 655.520 & 655.555
Statutes/Other Implemented: ORS 655.505 - 655.555
DASII 2-1996, f. & cert. ef. 3-26-96
DASII 2-1995(Temp), f. & cert. ef. 9-28-95

Or. Admin. R. 125-160-0600 Delivery of Benefits

(1) Except as these rules specify otherwise, benefits shall be paid as follows:

(a) No one may claim or place a voluntary or involuntary lien on any claimant’s benefits or payments due under these rules. The Department shall not accept or pay any assignment of any part of any benefit or payment.

(b) Benefits become payable at the end of any period in which they accrue. The Department may make no advance payments.

(c) Payment of any periodic, continuing benefit shall begin on the first day of the month following the month in which these rules permit the benefit to start or resume.

(d) Benefits shall be mailed in form of a check, warrant, or draft or made by electronic transfer and deposit. No payment shall be made by messenger or over-the-counter to any party.

(e) Benefits shall be paid monthly, quarterly, semi-annually, or annually and shall be subject to change. The Department will notify the claimant if payments will be other than monthly.

(f) The Department shall try to issue all payments during the first two weeks of any month in which they are due and payable.

(2) Except as these rules specify otherwise, benefits shall be paid retroactively from the later of the following:

(a) The earliest date the benefit could have been paid under these rules; or

(b) The date the Department received the correct and complete claim for the benefit.

(3) During appeal, Department shall pay the benefit, if any, that it has found to be payable. During an appeal for modification of initial estimate, disability benefits shall be paid in accord with the initial estimate. Any increased benefits from appeal shall commence on the first of the month following the end of claimant’s and department’s appeal options.

(4) Any benefits, other than suspended and restored benefits, may be paid in lump sum only as follows:

(a) Department may at any time convert any permanent disability award into a single lump sum payment or a purchased annuity payable to a claimant. The lump sum shall be the present value of remaining payments using, as discount rate, the average rate that the state Treasury Department advises the Department it is then earning on Inmate Injury funds. The annuity contract shall be purchased by Department to provide an unchanged or nearly unchanged benefit level.

(b) After Department has made 48 consecutive payments of a final award, claimant shall be allowed once to request that the Department offer a lump sum settlement of the remaining value of the benefit. Whether, and in what amount such settlement will be offered, is at the sole discretion of the Department.

(5) It is intended that all claims shall be determined and paid within these rules in the manner these rules provide. The Department shall not be required to consider or respond to any offer of compromise or settlement. Settlements in compromise of a disputed claim or for settlement of any issue regarding any claim shall not be offered to claimants or approved without the review and consent of the Director of the Department of Administrative Services or the Director’s designee after consultation with Corrections.

History

Statutory/Other Authority: ORS 184.340, 278.405, 655.520 & 655.555
Statutes/Other Implemented: ORS 655.505 - 655.555
DASII 2-1996, f. & cert. ef. 3-26-96
DASII 2-1995(Temp), f. & cert. ef. 9-28-95

Or. Admin. R. 125-160-0700 Suspension and Forfeiture of Benefits

(1) Claimants shall keep the Department informed of their current status and circumstances in all respects as they may bear on the requirements of these rules. Status, as used here, may include employment, medical condition, mailing and physical residence addresses, confinement, or any disqualifier for benefits. The Department may also require a claimant to complete and sign a written status report at any time before releasing any benefit or payment.

(2) The Department may temporarily suspend any or all payments to any claimant of any kind. Temporary suspension and the method of restoration shall not be subject to appeal. Suspension may be made for the following:

(a) As necessary due to inadequate funding for the Inmate Injury component of the state Insurance Fund.

(b) When claimant is believed by Department to be confined, to have moved without notifying Department, to have recovered from the disability that was expected to be permanent, or to have abandoned the claim.

(d) When claimant does not respond to an inquiry from Department or fails to complete and return any status report requested by the Department or attending physician.

(e) When Department is notified in writing by any corrections or law enforcement agency that a warrant is outstanding for the claimant’s arrest or that claimant is sought in connection with escape or a crime.

(f) When Department’s inquiry or request for information is unanswered by claimant or is answered with an unsigned response or one that does not appear to be the claimant’s.

(g) When it appears to Department that benefit checks or warrants are being negotiated by someone other than the payee.

(h) When an overpayment is discovered.

(i) As otherwise provided in these rules.

(3) After claimant provides satisfactory evidence that there existed and exists no cause for forfeiture or termination, Department shall restore and resume payments. Department, shall restore by lump sum, temporary increase in award, or extending the period of award as it may deem reasonable. No interest shall be paid.

(4) Though the months suspended shall count against the period for benefits, suspended payments shall be forfeited if:

(a) Claimant was confined, was not cooperating in his recovery, had recovered from the disability, or in any way ceased to be eligible for benefits under these rules.

(b) Claim was declared abandoned after final award.

(c) Claimant was in unlawful flight to avoid prosecution, was an escapee from any confinement, or was under order to appear for an outstanding felony warrant.

(d) Any payments were overpayments or were negotiated by someone other than the payee without payee immediately notifying Department.

(5) If for any reason, Department learns it has paid claimant more than is due under these rules or Department is billed for a medical service claimant did not use or attend, Department may offset the payment by benefit reductions. It may temporarily suspend and not restore payments, reduce the award, or shorten the period of payments as it may deem reasonable to recover the overpayment. Department may also exercise any other recovery right allowed it by law.

History

Statutory/Other Authority: ORS 184.340, 278.405, 655.520 & 655.555
Statutes/Other Implemented: ORS 655.505 - 655.555
DASII 2-1996, f. & cert. ef. 3-26-96
DASII 2-1995(Temp), f. & cert. ef. 9-28-95

Or. Admin. R. 125-160-0710 Termination of Benefits

(1) Any and all benefits payable or potentially payable to a claimant shall be terminated fully and finally, without prior notice, upon the occurrence of any of the following:

(a) Claimant gives Department of Corrections any kind of false report or supplies any false information in connection with a claim.

(b) Inmate dies due, in large part, to any cause or causes other than the covered injury.

(d) The date is reached at which an inmate deceased from a covered death would have attained other benefit eligibility.

(e) A beneficiary dies, ceases to be a beneficiary under these rules or, if a child, attains 18 years of age.

(2) Anyone who receives benefits shall return at once to Department any payment that he or she is not entitled to under these rules due to termination of benefits or any other cause.

History

Statutory/Other Authority: ORS 184.340, 278.405, 655.520 & 655.555
Statutes/Other Implemented: ORS 655.505 - 655.555
DAS 2-2017, f. 6-28-17, cert. ef. 7-1-17
DASII 2-1996, f. & cert. ef. 3-26-96
DASII 2-1995(Temp), f. & cert. ef. 9-28-95

Or. Admin. R. 125-160-0720 Abandonment of Benefits

(1) If benefits are abandoned, claimant forfeits all rights under these rules, except the right to give Department clear and convincing evidence that abandonment did not occur. Claimant shall provide such evidence in writing to Department within 30 days of Department’s declaration of abandonment. If Department refuses to reinstate benefits after receipt of clear and convincing evidence that abandonment did not occur, claimant may appeal as provided in these rules.

(2) Benefits shall be deemed abandoned if both of the following occur:

(a) The Department sends three consecutive mailings by regular or certified mail on different dates at least one week apart and all are returned, or the Department’s requests for response contained in each and all of the mailings elicit no response, or Department’s checks or warrants included in each of the mailings are not negotiated.

(b) In the 90 days following the date of the last mailing, the Department receives no signed, written communication from the claimant with a valid residential mailing address.

(3) Upon the occurrence of the preceding, the Department shall declare the claim abandoned and take the following steps:

(a) Department shall record in its records that the claim is declared abandoned. Department shall not be required to make further attempt to find claimant or notify claimant or any other party.

(b) If final award has not been made, Department shall permanently terminate the claim and all prospective benefits as fully and finally abandoned.

(c) If final award has been made, Department shall suspend all benefits until the earlier of six months or claimant’s proof to Department’s satisfaction that claimant remains eligible for benefits. The benefits suspended shall be forfeited. Upon satisfactory proof of eligibility, suspended benefits may be resumed subject to any conditions Department may deem reasonable. Otherwise, Department shall permanently terminate all benefits as fully and finally abandoned.

(4) Any benefit check or warrant that is returned from the last known mailing address or is not negotiated within 90 days of mailing, may be canceled or voided by Department. A payment so canceled may be deemed paid. Its month shall count against any benefit period. Department shall not be required to replace it.

History

Statutory/Other Authority: ORS 184.340, 278.405, 655.520 & 655.555
Statutes/Other Implemented: ORS 655.505 - 655.555
DASII 2-1996, f. & cert. ef. 3-26-96
DASII 2-1995(Temp), f. & cert. ef. 9-28-95

Or. Admin. R. 125-160-0800 Subrogation

Applying for and accepting benefits under these rules shall transfer to the Department all the acceptors' rights, claims, and causes of action against any third party for the covered injury or death to the extent of benefits paid or payable hereunder. Department shall be entitled to the net recovery against the third party to the extent of benefits paid or payable hereunder. Except as provided by ORS 655.510(4), if the Department does not choose to claim damages from a third party, all these rights shall revert to claimant and Department shall waive any interest it has in any recovery.

History

Statutory/Other Authority: ORS 184.340, 278.405, 655.520 & 655.555
Statutes/Other Implemented: ORS 655.505 - 655.555
DAS 2-2017, f. 6-28-17, cert. ef. 7-1-17
DASII 2-1996, f. & cert. ef. 3-26-96
DASII 2-1995(Temp), f. & cert. ef. 9-28-95

Or. Admin. R. 125-160-0900 Appealing Claims Decisions and Actions

(1) These shall be the rules of procedure for appeals and contested case hearings for actions under these rules. Except as noted, the administrative procedures act shall not apply.

(2) When these rules permit an action of the Department to be contested by the claimant, the Department shall give the notice required by ORS 183.415(2). The following three levels of appeal shall then apply.

(a) Claimant shall first appeal through request for review by Department:

(A) One request for review of an action by Department may be made by the affected claimant. It shall be received by the Department within 60 days after the date of Department's contested decision unless the decision includes the grant of a longer period.

(B) Claimant's written request for review shall list and explain all contested matters of fact and law in writing. It shall state the action the claimant is requesting. New supporting documents, if consistent with these rules, may be enclosed. Any revised attending physician's response or report shall be enclosed as part of the request for review. A timely request for review that conforms to these rules is a prerequisite to further appeal or hearing.

(C) Requests for review may contest allegations of omitted fact, factual error, lack of required evidence for the Department's pertinent findings and conclusions, or legal error by Department. Any medical evidence shall be submitted to the attending physician, whose report shall be provided with the request for review. Only issues subject to the jurisdiction of these rules may be raised or contested.

(D) When the Department receives a request for review, it shall consider the record it relied upon and any information contained in or attached to the request for review. If the Department finds that its action is not correct under these rules or is not supported by substantial evidence, the Department shall modify its decision. The Department shall respond to claimant's request for review by affirming, rescinding, or modifying its decision.

(b) Upon completion of the review level of appeal, claimant may request a contested case hearing as follows:

(A) Claimant may request a hearing if the Department does not acknowledge a valid and complete request for review or does not grant the relief requested.

(B) Written request for hearing shall be received by the Department no later than 30 days after the request for review is received by Department or after Department's final response to request for review, whichever is later.

(C) A request for contested case hearing shall list and explain each contested matter of fact or law. It shall state the action the claimant is requesting. A request for a contested case hearing shall raise no issues nor make any request that was not in the request for review. A timely request for contested case hearing that conforms to these rules is a prerequisite to any hearing.

(D) Hearings officers may only consider legal error by Department and the sufficiency of evidence for the Department's decision or action, as modified by any response to the request for review. Only issues raised in claimant's request for review may be considered. A claimant may not contest any issues of timeliness, inclusion or omission, or other procedural requirements, unless claimant submitted to Department, with or before request for review, clear and convincing evidence that met the procedural requirement.

(c) Upon exhausting the review and hearings levels of appeal, claimant may appeal the final decision of the director to the Court of Appeals as provided by ORS 183.480 to 183.482.

(3) Only the following actions of the Department may be appealed:

(a) Partial or full claim denial based on Department's findings and conclusions.

(b) Partial or full denial of request for reaffirmation or modification of initial estimate.

(d) Termination, reduction, forfeiture, or denial of retroactive restoration of any benefit already awarded to claimant under these rules.

(e) Death benefit determination or denial.

(f) Denial of a provider's billing or a claimant's reimbursement request for medical services.

(4) The following actions of Department may not be appealed under these rules:

(a) Initial estimate by Department.

(b) Temporary suspension of payments.

(c) The form or procedure of benefit payment chosen by the Department, including the amount of discount in any lump sum payment, annuity, or settlement.

(d) Any medical service the attending physician orders or refuses to order.

(e) Department's decision to require that the claim must be proven by clear and convincing evidence.

(f) Denial of any request for increased or additional benefit in a claim on which claimant did not appeal final award, or exhausted appeals.

(g) Any action taken by anyone other than Department or not solely within Department's authority under these rules.

(h) Any action of Department for which these rules do not expressly provide for appeal.

(5) A claimant may appeal a Department action once. After appeal under these rules is exhausted, that issue may not be raised again.

History

Statutory/Other Authority: ORS 184.340, 278.405, 655.520 & 655.555
Statutes/Other Implemented: ORS 655.505 - 655.555
DAS 2-2017, f. 6-28-17, cert. ef. 7-1-17
DASII 2-1996, f. & cert. ef. 3-26-96
DASII 2-1995(Temp), f. & cert. ef. 9-28-95

Or. Admin. R. 125-160-0910 Hearings Process

(1) The Department shall designate as hearings officer any person trained in the hearings process. The hearings officer shall not have been a witness or had personal knowledge of any material, disputed fact of the case. He or she shall not have had another role in the case.

(2) The hearing shall be conducted at a time and place designated by the hearings officer and acceptable to Corrections. The hearing may be conducted by telephone or other means of communication.

(3) The hearings officer shall conduct the hearing as prescribed in ORS 183.415 except as otherwise required in these rules.

(4) Prior to commencement of hearing, the Department or hearings officer shall:

(a) Inform party(s) to the hearing of the matters specified in ORS 183.413(2).

(b) Explain issues involved in the hearing and matters parties must prove or disprove under these rules.

(5) Making the reasons a part of the record, a hearing may be postponed by the hearings officer for good cause and for reasonable periods of time, consistent with these rules. Good cause includes, but is not limited to:

(a) Preparation or scheduling needs of the Department;

(b) Illness of the claimant;

(c) Unavailability of the claimant. Upon unavailability for 90 days, the hearings officer shall cancel the hearing and issue a recommendation to the Department that its decision should stand or the claim should be permanently terminated as abandoned.

(d) Avoiding interference with ongoing police investigation or pending prosecution.

History

Statutory/Other Authority: ORS 184.340, 278.405, 655.520 & 655.555
Statutes/Other Implemented: ORS 655.505 - 655.555
DASII 2-1996, f. & cert. ef. 3-26-96
DASII 2-1995(Temp), f. & cert. ef. 9-28-95

Or. Admin. R. 125-160-0920 Conduct of Hearings

(1) The findings of the hearings officer must be on the merits. Technical or clerical errors in the writing or processing of a contested decision shall not be grounds for modification or rescission unless there is substantial prejudice to the claimant.

(2) The standards of proof shall be those provided in these rules.

(3) Making the reasons part of the record, the hearings officer shall raise the claimant’s burden of proof to clear and convincing evidence upon the occurrence of the following:

(a) The hearings officer finds the claimant provided or has a history of providing unreliable or false evidence;

(b) The contested issue is timeliness, inclusion or omission of evidence, or other procedural requirements; or

(4) The hearings officer shall consider such evidence as would be considered by reasonable persons in the conduct of their serious affairs.

(5) At hearings, claimants shall be allowed to speak in their behalf, submit evidence, and exercise rights allowed by these rules.

History

Statutory/Other Authority: ORS 184.340, 278.405, 655.520 & 655.555
Statutes/Other Implemented: ORS 655.505 - 655.555
DASII 2-1996, f. & cert. ef. 3-26-96
DASII 2-1995(Temp), f. & cert. ef. 9-28-95

Or. Admin. R. 125-160-0930 Testimony of Witnesses

(1) The hearings officer shall direct all scheduling and taking of testimony of witnesses at the hearing. Witnesses shall be limited to people with direct personal knowledge of the essential elements of the matters on appeal. Witnesses and testimony shall only be received from those who, and whose evidence, were made known to the Department in or between the filing of the claim and the request for review. Testimony may be taken in person, by telephone or by written report or statement. Testimony shall not be required in support or explanation of any evidence that these rules say shall be presumed true or constitute a rebuttable presumption. Reports of expert witnesses shall be sufficient evidence instead of testimony.

(2) The claimant may request that the hearings officer schedule witnesses to present testimony at the hearing. The request shall:

(a) Be delivered in writing to the hearings officer not less than 7 days before the scheduled hearing;

(b) List the name and address of each witness whose testimony is desired;

(d) Request that the hearings officer schedule the testimony; and

(e) If claimant is not represented by attorney, provide a list of questions the claimant wishes to be posed to each witness.

(3) The hearings officer shall arrange to receive testimony from the claimant’s requested witnesses subject to the provisions of these rules.

(4) Making the reasons part of the record, the hearings officer may:

(a) Limit testimony or exclude any question that is cumulative, repetitive, or immaterial. It shall be a rebuttable presumption that all questions pertaining to the attending physician’s or to the Department’s procedures, practices, or actions on the subject case or other cases are immaterial.

(b) Exclude any evidence or witness or refuse to ask or permit any question upon finding that the testimony or evidence, if taken in the light most favorable to the claimant, together with the reasonable inferences to be drawn therefrom, would not substantially affect the Department’s decision;

(c) Exclude any witnesses upon finding that their appearance at the hearing would present an immediate undue risk to the safe, secure, or orderly operation of corrections, specifically including the safety and security of corrections or Department employees and inmates. No Corrections or Department employee shall be required to release personal residence addresses or phone numbers nor other identifying information except name, official title and post and length of service when hearings officer finds such information pertinent.

(d) Exclude any witness upon finding that the witness’ testimony would not assist the hearings officer in the resolution of the case before him or her.

(5) The hearings officer may call witnesses to testify that were not requested by the parties and may pose any pertinent questions during the hearing.

(6) Any witness may substitute a written report in place of actual testimony. If any witness resides in this state and is unwilling to appear or provide a written report in lieu of appearing, the Department may issue a subpoena as provided by ORS 183.440.

(7) The identity of any confidential informant and the verbatim statement of the informant shall be submitted to the hearings officer in writing, but shall remain confidential. The hearings officer shall only rely on the testimony of a confidential informant if accompanied by information from which the hearings officer can find that the informant is a person who can be believed or the information provided by the informant is truthful.

(8) With the permission of the Department of Justice, Department and Corrections may authorize agency representatives at any hearing.

History

Statutory/Other Authority: ORS 184.340, 278.405, 655.520 & 655.555
Statutes/Other Implemented: ORS 655.505 - 655.555
DASII 2-1996, f. & cert. ef. 3-26-96
DASII 2-1995(Temp), f. & cert. ef. 9-28-95

Or. Admin. R. 125-160-0940 Documents and Physical Evidence

(1) The claimant may present any documents or physical evidence permitted by these rules before or during the hearing.

(2) Only the attending physician may make medical findings and submit medical reports to the hearing. Any other medical report or medical evidence from any other physician shall only be submitted to the attending physician as the opinion of an advisory or consulting physician. Reports of the attending physician shall suffice as evidence in place of testimony.

(3) The Department shall provide a copy of the records upon which it based its decision. The Department may add summaries or explanations. Department reports shall suffice as evidence in place of testimony.

(4) Making the reasons part of the record, the hearings officer may exclude evidence upon finding that it would:

(a) Not assist him or her in finding whether substantial evidence existed to support Department’s decision; or

(b) Present an undue risk to the safe, secure, or orderly operation of Corrections, specifically including the safety and security of Corrections or Department employees and inmates.

(5) The hearings officer may classify documents or physical evidence as confidential upon finding that disclosure would present an undue risk to the safe, secure, or orderly operation of Corrections, specifically including the safety and security of Corrections or Department employees and inmates. The reasons for classifying documents or physical evidence as confidential shall be made a part of the record. Confidential evidence shall not be disclosed to the claimant.

(6) Claimant shall have right to examine all evidence that Department relied upon at the time of its review or submitted to the hearings officer for consideration. Department shall provide the evidence to claimant or claimant’s legal representative when it submits evidence to the hearings officer. Department may submit to the hearings officer, without copy to the claimant or legal representative, any evidence it considers confidential. Any documents the hearings officer finds to be confidential shall be furnished to claimant or legal representative upon request with any information which could identify the confidential source masked or removed.

History

Statutory/Other Authority: ORS 184.340, 278.405, 655.520 & 655.555
Statutes/Other Implemented: ORS 655.505 - 655.555
DASII 2-1996, f. & cert. ef. 3-26-96
DASII 2-1995(Temp), f. & cert. ef. 9-28-95

Or. Admin. R. 125-160-0950 Hearings Conclusions and Record

(1) The hearing shall be held, and the hearings officer shall seek, to determine whether the Department had substantial evidence for its decision and whether its decision substantially complied with these rules. The hearings officer shall then issue a recommendation to the Department that it affirm, rescind, or modify its decision.

(2) The hearings officer shall deliver a hearing record to Department within 30 days after the hearing. The record shall include:

(a) A copy of the Department’s decision;

(b) The request for administrative review or appeal;

(d) The tape recording or transcribed record of the hearing;

(e) Documents and other evidence relied upon; and

(f) The hearings officer shall prepare a proposed order which includes findings of fact, conclusions of law, summary of evidence and exceptions, and the hearings officer’s recommendation.

(3) A hearings officer’s proposed order shall take effect 60 days after issue unless the Department’s Director issues an amended decision within that period.

History

Statutory/Other Authority: ORS 184.340, 278.405, 655.520 & 655.555
Statutes/Other Implemented: ORS 655.505 - 655.555
DASII 2-1996, f. & cert. ef. 3-26-96
DASII 2-1995(Temp), f. & cert. ef. 9-28-95

Division 170 ECONOMIC DEVELOPMENT FUND PROCESS

Or. Admin. R. 125-170-0010 Process for Allocating Available Moneys in the Administrative Services Economic Development Fund

(1) The Department of Administrative Services will distribute lottery proceeds to recipients on a quarterly basis. This allocation will be based on a plan approved by the Chief Financial Office.

(2) If, in any quarter, the moneys transferred from the State Lottery Fund to the Administrative Services Economic Development Fund are insufficient to pay for the quarterly allocations, the Department of Administrative Services shall allocate funds in the following priority order:

(a) Satisfy current debt service obligations for the Westside Light Rail (allocated in the first and fifth quarters);

(b) Satisfy all other current debt service obligations (allocated in the first and fifth quarters);

(d) Satisfy all statutorily mandated allocations.

(e) Satisfy all other allocations on a proportional basis. Allocations in a particular quarter may be based on the cash flow needs of the recipients. This may require deferring allocations to a recipient in one quarter with the objective of funding the full allocation during the balance of the biennium.

History

Statutory/Other Authority: OR Const. Art. XV, Sec. 4(4)(d) & ORS 461.500 - 461.555
Statutes/Other Implemented: 2003 HB 5076
DAS 3-2015, f. & cert. ef. 5-29-15
Renumbered from 121-040-0010, DAS 2-2012, f. 11-20-12, cert. ef. 12-1-12
BAD 4-2003, f. 12-23-03, cert. ef. 12-24-03
BAD 1-2001, f. & cert. ef. 10-1-01

Division 180 SHARED SERVICES FUND

Or. Admin. R. 125-180-1010 Purpose

These rules implement procedures for transferring moneys from the Shared Services Fund pursuant to ORS 285C.635 and 285C.639.

History

Statutory/Other Authority: ORS 184.340, 285C.615(7) & 285C.635(4)
Statutes/Other Implemented: ORS 285C.600 - 285C.626 & 285C.635
DAS 1-2013, f. & cert. ef. 7-31-13

Or. Admin. R. 125-180-1020 Definitions

(1) “Average Eligible Worker” means the average worker reported by Business Oregon as a new hire or retained employee on a Strategic Investment Program (SIP) project.

(2) “Eligible Project” is a project described in ORS 285C.600(2) for which the Oregon Business Development Commission has reported new hires or retained employees.

History

Statutory/Other Authority: ORS 184.340 & 285C.615(7)
Statutes/Other Implemented: ORS 285C.600 - 285C.626
DAS 1-2013, f. & cert. ef. 7-31-13

Or. Admin. R. 125-180-1030 Employment Verification

(1) The Department of Administrative Services may perform a verification of employment associated with Strategic Investment Projects compiled by Business Oregon under ORS 285C.615.

(2) The Department verification process may include determination of project related employment through other Oregon agencies:

(a) Department of Revenue,

(b) Employment Department, and

(3) Projects are eligible for consideration in the income tax calculation and county fund transfer only to the extent that employment information is verifiable.

History

Statutory/Other Authority: ORS 285C.615(7)
Statutes/Other Implemented: ORS 285C.600 - 285C.626
DAS 1-2013, f. & cert. ef. 7-31-13

Or. Admin. R. 125-180-1040 Personal Income Tax Estimate

(1) The personal income tax estimate is derived from:

(a) Reported number of workers hired or retained as a result of investment in an eligible project under the Strategic Investment Program ORS 285C.615; and

(b) The Department of Revenue’s annual Oregon Personal Income Tax Statistics (150-101-406) report.

(2) A tax rate is determined based on the reported average pay per average eligible worker.

(3) Labor earnings are multiplied by the project tax rate for an income level equal to that of the wages paid to the average eligible worker.

History

Statutory/Other Authority: ORS 285C.615(7) & 285C.635(4)
Statutes/Other Implemented: ORS 285C.600 - 285C.626 & 285C.635
DAS 1-2013, f. & cert. ef. 7-31-13

Or. Admin. R. 125-180-1050 Funds Transfer Request Form

Counties with an approved Strategic Investment Project must submit a request for fund transfer, in an Agency approved format, to the Department of Administrative Services not later than July 1 following the completion of the relevant property tax year. The request for fund transfer must be delivered from the county commission chair or designee and shall include (unless otherwise provided in prior requests):

(1) Qualifying project name(s)

(2) Original Strategic Investment Program agreement(s), and

(3) Local taxing district distribution by percentage.

History

Statutory/Other Authority: ORS 184.340, 285C.615(7) & 285C.635(4)
Statutes/Other Implemented: ORS 285C.600 - 285C.626, 285C.635 & 285C.639
DAS 1-2013, f. & cert. ef. 7-31-13

Or. Admin. R. 125-180-1060 Funds Distribution

(1) The department shall distribute moneys from the Shared Services Fund to the eligible county annually.

(2) Counties shall transfer funds to local taxing districts according to the percentages derived from the personal income tax estimate provided in rule 125-180-1040.

History

Statutory/Other Authority: ORS 184.340, 285C.615(7) & 285C.635(4)
Statutes/Other Implemented: ORS 285C.600 - 285C.626, 285C.635 & 285C.639
DAS 1-2013, f. & cert. ef. 7-31-13

Division 246 GENERAL PROVISIONS FOR PUBLIC CONTRACTING

Or. Admin. R. 125-246-0100 Application; Commentary; Federal Law Prevails

(1) These Rules of the Department of Administrative Services (Department) are policy and procedure that apply to public contracting by:

(a) Agencies subject to these Rules;

(b) All contracting agencies, as defined in ORS 279A.010; and

(A) Oregon Constitution, Article I, Section 41, subsection 11, related to the use of inmate labor (125-247-0200);

(B) ORS 200.005 through 200.200 related to Certification Office for Business Inclusion and Diversity (COBID) certified firms (see OAR 125-246-0200 through 125-246-0220);

(C) ORS 279.835 through 279.855 related to qualified nonprofit agencies for individuals with disabilities (see OAR 125-055-0005 through 125-055-0045);

(D) ORS 279A.140(2)(h) related to personal services contracts (see OAR 125-246-0335 through 125-246-0353);

(E) ORS 279A.159 requiring education, training or experience for persons that conduct procurements or administer contracts for state contracting agencies (see OAR 125-246-0140);

(F) ORS 279A.250 through 279A.290 related to surplus property (OAR 125-050-0100 through 125-050-0400; 125-247-0200); and

(G) 2015 Oregon Laws, Chapter 807 (HB 3099) requirements for review or approval by the State Chief Information Officer of any Procurement of Information Technology or Telecommunications (see OAR 125-247-0185; ORS 184.477; 279A.050; 279A.075; 279B.075).

(d) Unless required by a specific law, the Secretary of State and State Treasurer are not subject to the Department Public Contracting Rules or policies.

(2) According to ORS 279A.065(5), the Department adopts these Rules, including but not limited to selected and adapted Public Contract Model Rules. Except for those Public Contract Model Rules expressly adopted by the Department in OAR 125-246-0100, 125-247-0100, 125-248-0100 and 125-249-0100, the Public Contract Model Rules adopted by the Attorney General do not apply to the Department or the Agencies. These Department Public Contracting Rules implement the Oregon Public Contracting Code.

(3) These Department Public Contracting Rules consist of the following four Divisions:

(a) Division 246, which applies to all Public Contracting;

(b) Division 247, which applies only to Public Contracting for Supplies and Services, and not to construction services procured through ORS 279C or Architectural, Engineering, Photogrammetric Mapping, Transportation Planning or Land Surveying Services, or Related Services

(c) Division 248, which applies only to Public Contracting for Architectural, Engineering, Photogrammetric Mapping, Transportation Planning or Land Surveying Services and Related Services; and

(d) Division 249, which applies only to Public Contracting for construction services.

(4) If a conflict arises between these Division 246 Rules and Rules in Division 247, 248 or 249, the Rules in Divisions 247, 248 or 249 take precedence over these Division 246 Rules.

(5) Commentary on these Rules may be published by the Department to assist the Agencies by providing: examples, options, references, background, and other commentary. The Department's commentary is not a Rule or interpretation of any Rule and has no legally-binding effect.

(6) Federal statutes and regulations prevail and govern, except as otherwise expressly provided in ORS 279C.800 through 279C.870 (Prevailing Wage Rate) and despite other provisions of the Public Contracting Code, under the following conditions:

(a) Federal funds are involved; and

(b) The federal statutes or regulations either:

(A) Conflict with any provision of ORS Chapters 279A, 279B, or 279C.005 through 279C.670; or

(B) Require additional conditions in Public Contracts not authorized by ORS Chapters 279A, 279B, or ORS 279C.005 through 279C.670.

(7) Adaptation of Model Rules for Agency Use. The following words found in those Model Rules expressly adopted by the Department are replaced by the words as defined in OAR 125-246-0110:

(a) “Contracting agency(ies)” is replaced by “Authorized Agency(ies), unless expressly stated otherwise.”

(b) “Goods or services” is replaced by “Supplies and Services.”

(8) Capitalization of Defined Terms. Uncapitalized terms in those Model Rules expressly adopted by the Department have the same meaning as the same terms that are capitalized and defined in OAR 125-246-0110.

(9) Department Policy. Agencies must comply with Department policies, if applicable.

(10) For purposes of these Division 246 Rules, the Department adopts the following Model Public Contract Rules, as revised and effective January 1, 2016: OAR 137-046-0140, 137-046-0300, 137-046-0330, 137-046-0400, 137-046-0410, 137-046-0420, 137-046-0430, 137-046-0440, 137-046-0450, 137-046-0460, 137-046-0470, 137-046-0480.

(11) OregonBuys may use some system terms and document titles that differ from defined terms in these Rules.

(a) To the extent there is any different terminology used in OregonBuys that is the equivalent of the term or terms in these Rules, these Rules shall include or defer to the terminology used in OregonBuys or other Electronic Procurement System approved by the State Chief Procurement Officer.

(b) Equivalent terms are identified in a crosswalk comparing and translating these terms and can be found at: terminology crosswalk.

History

Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070
Statutes/Other Implemented: ORS 279A.020, 279A.030 & 279A.065
DAS 5-2023, amend filed 12/29/2023, effective 01/01/2024
DAS 1-2023, amend filed 04/11/2023, effective 05/01/2023
DAS 6-2022, temporary amend filed 11/07/2022, effective 11/07/2022 through 05/05/2023
DAS 3-2018, amend filed 12/14/2018, effective 01/01/2019
DAS 2-2016, f. 12-22-16, cert. ef. 1-1-17
DAS 4-2015, f. 12-29-15, cert. ef. 1-1-16
DAS 4-2013, f. 12-17-13, cert. ef. 1-1-14
DAS 3-2012, f. 11-29-12, cert. ef. 12-1-12
DAS 3-2011, f. 12-22-11, cert. ef. 1-1-12
DAS 6-2008, f. & cert. ef. 7-2-08
DAS 5-2006, f. & cert. ef. 5-31-06
DAS 9-2005, f. & cert. ef. 8-3-05
DAS 7-2005, f. & cert. ef. 6-6-05
DAS 4-2005, f. 4-13-05, cert. ef. 6-6-05
DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05

Or. Admin. R. 125-246-0110 Definitions

The following terms are a compilation of definitions, including those found in the Public Contracting Code, in other statutes referenced by the Public Contracting Code, and elsewhere in these Rules. Partial definitions of the Public Contracting Code are for the use of the Agencies only. The following terms, when capitalized in these Rules, have the meaning given below:

(1) "Addendum" or "Addenda" means an addition to, deletion from, a material change in, or general interest explanation of a Solicitation Document.

(2) "Adequate" is defined in ORS 279C.305 and means sufficient to control the performance of the Work and to ensure satisfactory quality of construction by the contracting agency personnel.

(3) "Advantageous" means a judgmental assessment by the Agency of the Agency's best interests.

(4) An “Administrator” or "Administering Contracting Agency" is defined in OAR 125-246-0400.

(5) "Affected Person" or "Affected Offeror" means a Person whose ability to participate in a Procurement is adversely affected by an Agency decision.

(6) "Affirmative Action" is defined in ORS 279A.100 and means a program designed to ensure equal opportunity in employment and business for persons otherwise disadvantaged by reason of race, color, religion, sex, national origin, age or physical or mental disability or a policy to give a preference in awarding public contracts to disabled veterans.

(7) "Agency" means those agencies of the State of Oregon that are subject to the Procurement Authority of the Director of the Department according to ORS 279A.050 and 279A.140. This term includes the Department when the Department is engaged in Public Contracting. Under these Rules, an Agency is authorized only through a delegation of Authority according to OAR 125-246-0170.

(8) “Agreement to Agree” means a Price Agreement as defined in Subsection (110).

(9) “Amendment” means a Written modification to the terms and conditions of a Public Contract, other than Changes to the Work as defined in OAR 125-249-0910, that meets the requirements of 125-247-0805, 125-248-0340, 125-249-0160, and 125-249-0910. For the purposes of these Rules, Amendments are included within the definitions of “Procurements” and “Contract Administration.”

(10) "Architect" is defined in ORS 279C.100 and means a person who is registered and holds a valid certificate in the practice of architecture in the State of Oregon, as provided under ORS 671.010 to 671.220, and includes without limitation the terms "architect," "licensed architect" and "registered architect.

(11) "Architectural, Engineering, Photogrammetric Mapping, Transportation Planning or Land Surveying Services" is defined in ORS 279C.100(2).

(12) "As-Is, Where-Is" applies to the sale of Goods and means that the Goods are of the kind, quality, and locale represented, even though they may be in a damaged condition. It implies that the buyer takes the entire risk as to the quality of the Goods involved, based upon the buyer's own inspection. Implied and express warranties are excluded in sales of Goods "As-Is, Where-Is."

(13) “Authority” means, unless the context requires otherwise, “Procurement Authority.”

(14) "Authorized Agency” means any Person authorized according to OAR 125-246-0170 to conduct a Procurement or take other actions on an Agency’s behalf. This term, including its use in the Rules, does not convey Authority to an Agency. For the Authority of Agencies under the Code and these Rules, see OAR 125-246-0170 only.

(15) "Award" means the Agency's identification of the Person(s) with whom the Agency intends to enter into a Contract.

(16) "Bid" means a Written response to an Invitation to Bid.

(17) "Bidder" means a Person who submits a Bid in response to an Invitation to Bid.

(18) "Brand Name or Equal Specification" is defined in ORS 279B.200(1) and means a Specification that uses one or more manufacturers' names, makes, catalog numbers or similar identifying characteristics to describe the standard of quality, performance, functionality or other characteristics needed to meet the Agency's requirements and that authorizes Offerors to offer Supplies and Services that are equivalent or superior to those named or described in the Specification.

(19) "Brand Name Specification" is defined in ORS 279B.200(2) and means a Specification limited to one or more products, brand names, makes, manufacturer's names, catalog numbers or similar identifying characteristics.

(20) “Business Day” means 8:00 a.m. to 5:00 p.m., Pacific Time, Monday through Friday, excluding State of Oregon holidays.

(21) "Certification Office for Business Inclusion and Diversity (COBID), formerly the Office of Minority, Women, and Emerging Small Business" or "OMWESB" is defined in ORS 200.025 and 200.055 and means the office that administers the certification process for the Disadvantaged Business Enterprise (DBE), Minority-owned Business Enterprise (MBE), Woman-owned Business Enterprise (WBE), Veteran-owned Business (VBE), and Emerging Small Business (ESB) Programs. Certification Office for Business Inclusion and Diversity (COBID), formerly OMWESB, is the sole authority providing certification in Oregon for Disadvantaged, Minority-owned, Woman-owned, Veteran-owned, and Emerging Small Businesses.

(22) "Chief Procurement Officer" or “CPO” or “State Chief Procurement Officer” means the individual designated and authorized by the Director of the Department to perform certain procurement functions described in these Rules, or the State Chief Procurement Officer’s delegate.

(23) "Class Special Procurement" is defined in ORS 279B.085 and means a contracting procedure that differs from the procedures described in ORS 279B.055, 279B.060, 279B.065 and 279B.070 and is for the purpose of entering into a series of Contracts over time for the acquisition of a specified class of Goods or Services.

(24) "Client" means any individual, family or Provider:

(a) For whom an Agency must provide Services and incidental or specialized Goods, in any combination thereof (“Services and Incidental Supplies”), according to state, federal law, rule, and policy. Those Services and Incidental Supplies include but are not limited to treatment, care, protection, and support without regard to the proximity of the services being provided;

(b) Who in fact receives and utilizes services provided by an Agency primarily for that individual's or family's benefit;

(d) Who provides direct care or Services and is a proxy or representative of the non-Provider Client.

(25) "Client Services" means any Services that directly or primarily support a Client, whether the Client is the recipient through the provision of voluntary or mandatory Services. Client Services also means any Goods that are incidental or specialized in relation to any Services defined in this Subsection. Client Services may include but are not limited to (where these terms are used in another statute, they must have that meaning):

(a) Housing, including utilities, rent or mortgage or assistance to pay rent, mortgage or utilities;

(b) Sustenance, including clothing;

(d) Services for people with disabilities;

(e) Foster care or foster care facilities;

(f) Residential care or residential care facilities;

(g) Community housing;

(h) In-home care including home delivered meals;

(i) Medical care, services and treatment, including but not limited to:

(A) Medical, Dental, Hospital, Psychological, Psychiatric, Therapy, Vision;

(B) Alcohol and drug treatment;

(D) Drugs, prescriptions and non-prescription;

(E) Nursing services and facilities;

(j) Transportation or relocation;

(k) Quality of life, living skills training; or

(l) Personal care; or

(m) Legal services and expert witnesses services;

(n) Religious practices, traditions and services, separately or in any combination thereof; and

(o) Educational services. The term "Client Services" does not include benefits or services provided as a condition of employment with an Agency.

(26) "Closing" means the date and time specified in a Solicitation Document as the deadline for submitting Offers.

(27) "Code" is the "Public Contracting Code," defined in ORS 279A.010(1)(bb), and “Code” means ORS Chapters 279A, 279B and 279C.

(28) “Competitive Quotes” means the sourcing method according to OAR 125-249-0160.

(29) "Competitive Range" means the Proposers with whom the Agency will conduct Discussions or Negotiations if the Agency intends to conduct Discussions or Negotiations in accordance with OAR 125-247-0260 or 125-249-0650.

(30) "Competitive Sealed Bidding" means the sourcing method according to ORS 279B.055.

(31) "Competitive Sealed Proposals" means the sourcing method according to ORS 279B.060.

(32) "Consultant" means the Person with whom an Agency enters into a Contract for the purposes of consulting, conferring, or deliberating on one or more subjects, and this Person provides advice or opinion; e.g., Consultants for Architectural, Engineering, Photogrammetric Mapping, Transportation Planning or Land Surveying Services, and Related Services as defined in ORS 279C.115 and information technology Consultants.

(33) "Contract" means an agreement between two or more Persons which creates an obligation to do or not to do a particular thing. Its essentials are competent parties, subject matter, a legal consideration, mutuality of agreement, and mutuality of obligation. For the purposes of these Rules, “Contract” means Public Contract.

(34) "Contract Administration" means all functions related to a given Contract, including Amendments, between an Agency and a Contractor from:

(a) The time the Contract is signed by all parties until;

(b) The Work is completed and accepted or the Contract is terminated, final payment has been made, and any disputes have been resolved.

(35) “Contract Administrator” means the officer, employee, or other individual designated in Writing by an Authorized Agency, by name or position description, to conduct the Contract Administration of a Contract or class of Contracts.

(36) "Contractor" means the Person with whom an Agency enters into a Contract and has the same meaning as "Consultant" or “Provider."

(37) "Contract Price" means, as the context requires, the maximum monetary obligation that an Agency either will or may incur under a Contract, including bonuses, incentives and contingency amounts, if the Contractor fully performs under the Contract, and including, but not limited to consideration of Sustainability in accordance with ORS 184.421 and OAR 125-246-0120, and Life Cycle Costing in accordance with OAR 125-247-0170.

(38) "Contract Review Authority" means the Director of the Department and the Director's delegatee, unless specified by statute as the Director of the Oregon Department of Transportation.

(39) "Contract-Specific Special Procurement" is defined in ORS 279B.085 and means a contracting procedure that differs from the procedures described in ORS 279B.055, 279B.060, 279B.065 and 279B.070 and is for the purpose of entering into a single Contract or a number of related Contracts for the acquisition of specified Supplies and Services on a one-time basis or for a single project.

(40) “Contracting Agency.”

(a) “Contracting Agency” is defined in ORS 279A.010(1)(b) and, for Agencies operating under these Rules and the Code, means the Director of the Oregon Department of Administrative Services, authorized to act on their behalf according to ORS 279A.140.

(b) The definition of “Contracting Agency” in ORS 279A.010(1)(b) does not give Agencies procurement Authority. For Procurement Authority of Agencies, see OAR 125-246-0170.

(41) "Cooperative Procurement" is defined in OAR 125-246-0400.

(42) "Cooperative Procurement Group" is defined in OAR 125-246-0400.

(43) "Days" means calendar days.

(44) "Department" means the Oregon Department of Administrative Services. The Procurement Authority of the Department is described in OAR 125-246-0170. When a Rule refers to any action of the Department, any individual acting on behalf of the Department must be authorized to take such action in accordance with OAR 125-246-0170.

(45) "Department Price Agreement" means a Price Agreement issued by the Department on behalf of all Agencies. Such Agreements may be mandatory for use by Agencies or voluntary for use by Agencies. Such Agreements may result from a Cooperative Procurement. According to OAR 125-246-0360 (Purchases through Federal Programs), an Authorized Agency may not purchase Supplies and Services through Federal Programs if a mandatory Department Price Agreement for those authorized Supplies and Services exists.

(46) "Designated Procurement Officer" means the individual designated and authorized by the head of an Authorized Agency and by these Rules to perform certain Procurement functions described in these Rules. If any head of an Authorized Agency does not designate and authorize an individual as a Designated Procurement Officer, "Designated Procurement Officer" also means that head of the Authorized Agency, who then acts in the place of the Designated Procurement Officer.

(47) "Descriptive Literature" means Written information submitted with the Offer that addresses the Supplies and Services included in the Offer.

(48) "Director” is defined in ORS 279A.010(1)(e) and means the Director of the Department or a person designated by the Director to carry out the Authority of the Director under the Public Contracting Code and these Rules.

(49) "Discussions" means to exchange information, compare views, take counsel, and communicate with another for the purposes of achieving clarification and mutual understanding of an Offer.

(50) "Disqualification" means a disqualification, suspension or debarment of a Person according to ORS 200.065, 200.075, and 279A.110 and OAR 125-246-0210(4).

(51) "Donee" is defined in ORS 279A.250(1) and means an entity eligible to acquire federal donation property based upon federal regulations or eligible to acquire Surplus Property in accordance with Rules adopted by the Department. Entities eligible to acquire federal donation property may also acquire Surplus Property other than federal donation property.

(52) "Electronic Advertisement" means an Agency's Solicitation Document, Request for Quotes, request for information or other document inviting participation in the Agency's Procurements made available over the Internet via:

(a) The World Wide Web;

(b) OregonBuys; or

(c) An Electronic Procurement System other than OregonBuys approved by the State Chief Procurement Officer. An Electronic Advertisement may or may not include a Solicitation Document.

(53) "Electronic Offer" means a response to an Agency's Solicitation Document or request for Quotes submitted to an Agency via

(a) The World Wide Web or some other Internet protocol; or

(b) OregonBuys or other Electronic Procurement System approved by the State Chief Procurement Officer.

(54) "Electronic Procurement System" means OregonBuys or other system approved by the State Chief Procurement Officer, constituting an information system that Persons may access through the Internet, using the World Wide Web or some other Internet protocol, or that Persons may otherwise remotely access using a computer, that enables Persons to send Electronic Offers and an Agency to post Electronic Advertisements, receive Electronic Offers, and conduct any activities related to a Procurement.

(55) "Electronic Goods" means Goods which are dependent on electric currents or electromagnetic fields in order to Work properly and Goods for the generation, transfer and measurement of such currents and fields.

(56) "Emergency" means circumstances that:

(a) Could not have been reasonably foreseen;

(b) Create a substantial risk of loss, damage or interruption of services or a substantial threat to property, public health, welfare or safety; and

(c) Require prompt execution of a Contract to remedy the condition. An "Emergency Procurement" means a sourcing method according to ORS 279B.080, 279C.335(5), 125-248-0200, or related Rules.

(57) "Energy Savings Performance Contract" means a Public Contract between an Agency and a qualified energy service company for the identification, evaluation, recommendation, design and construction of energy conservation measures, including a design-build contract, that guarantee energy savings or performance.

(58) "Engineer" is defined in ORS 279C.100 and means a Person who is registered and holds a valid certificate in the practice of engineering in the State of Oregon, as provided under ORS 672.002 to 672.325, and includes all terms listed in ORS 672.002(2).

(59) “Enterprise Information Technology and Telecommunications” is defined in ORS (Chapter 807, 2015 Laws) and means:

(a) Technologies, resources, systems and services that state agencies use to generate, process, store and secure information for governmental purposes, including geographic information;

(b) Technologies, resources, systems and services that state agencies use to send, receive, process or otherwise facilitate telecommunications for governmental purposes; and

(c) Technologies, resources, systems and services that state agencies use to install, maintain, repair, update, replace, remove or otherwise support the technologies, resources, systems or services described in paragraphs (a) and (b) of this subsection.

(60) "Established Catalog Price" means the price included in a catalog, price list, schedule or other form that:

(a) Is regularly maintained by a manufacturer or Contractor;

(b) Is either published or otherwise available for inspection by customers; and

(c) States prices at which sales are currently or were last made to a significant number of any category of buyers or to buyers constituting the general market, including Public Bodies, for the Supplies and Services involved.

(61) "Executive Department" is defined in ORS 174.112.

(a) Subject to ORS 174.108, “Executive Department” means: all statewide elected officers other than judges, and all boards, commissions, departments, divisions and other entities, without regard to the designation given to those entities, that are within the Executive Department of government as described in Section 1, Article III of the Oregon Constitution, and that are not:

(A) In the judicial department or the legislative department;

(B) Local governments; or

(b) Subject to ORS 174.108, as used in the statutes of this State, “Executive Department” includes:

(A) An entity created by statute for the purpose of giving advice only to the Executive Department and that does not have members who are officers or employees of the judicial department or Legislative Department;

(B) An entity created by the Executive Department for the purpose of giving advice to the Executive Department, if the document creating the entity indicates that the entity is a public body; and

(C) Any entity created by the Executive Department other than an entity described in Subsection (B), unless the document creating the entity indicates that the entity is not a governmental entity or the entity is not subject to any substantial control by the Executive Department.

(62) "Findings" is defined in ORS 279C.330 and means the justification for an agency's conclusion that includes, but is not limited to, information regarding:

(a) Operational, budget and financial data;

(b) Public benefits;

(d) Specialized expertise required;

(e) Public safety;

(f) Market conditions;

(g) Technical complexity; and

(h) Funding sources.

(63) "Fire Protection Equipment" is defined in ORS 476.005 and means any apparatus, machinery or appliance intended for use by a fire service unit in fire prevention or suppression activities, excepting forest fire protection equipment.

(64) "Flagger" means a person who controls the movement of vehicular traffic through construction projects using sign, hand or flag signals.

(65) “Formal Selection Procedure” means the procedure according to OAR 125-248-0220.

(66) "Fringe Benefits" is defined in ORS 279C.800 and means the amount of:

(a) The rate of contribution irrevocably made by a Contractor or subcontractor to a trustee or to a third person under a plan, fund or program; and

(b) The rate of costs to the Contractor or subcontractor that may be reasonably anticipated in providing benefits to Workers according to an enforceable commitment to carry out a financially responsible plan or program that is committed in Writing to the Workers affected, for medical or hospital care, pensions on retirement or death, compensation for injuries or illness resulting from occupational activity, or insurance to provide any of the foregoing, for unemployment benefits, life insurance, disability and sickness insurance or accident insurance, for vacation and holiday pay, for defraying costs of apprenticeship or other similar programs or for other bona fide fringe benefits, but only when the Contractor or subcontractor is not required by other federal, state or local law to provide any of these benefits.

(67) "Good Cause" is defined in ORS 279C.585, and the Oregon Construction Contractors Board must define "Good Cause" by rule. "Good Cause" includes, but is not limited to, the financial instability of a subcontractor. The definition of "Good Cause" must reflect the least-cost policy for Public Improvements established in ORS 279C.305. This definition does not apply to OAR 125-247-0255 and 125-247-0260.

(68) "Good Faith Dispute" is defined in ORS 279C.580(5)(b) and means a documented dispute concerning:

(a) Unsatisfactory job progress;

(b) Defective work not remedied;

(d) Failure to make timely payments for labor, equipment and materials;

(e) Damage to the prime Contractor or subcontractor; or

(f) Reasonable evidence that the subcontract cannot be completed for the unpaid balance of the subcontract sum.

(69) "Goods" means supplies, equipment, or materials, and any personal property, including any tangible, intangible and intellectual property and rights and licenses in relation thereto, that an Agency is authorized by law to procure.

(70) "Goods and Services" or "Goods or Services" is defined in ORS 279A.010 and for purposes of these Rules falls within the meaning of "Supplies and Services" (see the definition of “Supplies and Services” in this Rule). “Goods and Services” or “Goods or Services” does not include Personal Services. “Supplies and Services” includes Personal Services.

(71) "Governor’s Policy Advisor for Economic and Business Equity, formerly the Advocate for Minority, Women and Emerging Small Business", (also known as the Director of Economic & Business Equity), means the individual appointed by the Governor to advise the Governor, Legislature and Director's Office on issues related to the integration of Disadvantaged, Minority-owned, Woman-owned, Veteran-owned, and Emerging Small Businesses into the mainstream of the Oregon economy and business sector. The Governor’s Policy Advisor for Economic and Business Equity oversees the resolution of business concerns with Agencies impacting firms certified by the Certification Office for Business Inclusion and Diversity (COBID), formerly the Office of Minority, Women and Emerging Small Businesses, (also known as the Office of Economic & Business Equity). The Governor’s Policy Advisor for Economic and Business Equity is also charged with maintaining the Oregon Opportunity Register and Clearinghouse to facilitate the timely notice of business and contract opportunities to COBID certified firms, according to ORS 200.025.

(72) "Grant" is defined in ORS 279A.010(1)(k)(A) and means:

(a) An agreement under which an Agency receives money, property or other assistance, including but not limited to federal assistance that is characterized as a Grant by federal law or regulations, loans, loan guarantees, credit enhancements, gifts, bequests, commodities or other assets, from a grantor for the purpose of supporting or stimulating a program or activity of the Agency and in which no substantial involvement by the grantor is anticipated in the program or activity other than involvement associated with monitoring compliance with the Grant conditions; or

(b) An agreement under which an Agency provides money, property or other assistance, including but not limited to federal assistance that is characterized as a grant by federal law or regulations, loans, loan guarantees, credit enhancements, gifts, bequests, commodities or other assets, to a recipient for the purpose of supporting or stimulating a program or activity of the recipient and in which no substantial involvement by the Agency is anticipated in the program or activity other than involvement associated with monitoring compliance with the grant conditions.

(A) For a Public Improvement for Public Works, as defined in ORS 279C.800; or

(B) For emergency Work, minor alterations or ordinary repair or maintenance necessary to preserve a Public Improvement, when under the Public Contract:

(i) An Agency pays moneys that the Agency has received under a Grant; and

(ii) Such payment is made in consideration for Contract performance intended to realize or to support the realization of the purposes for which Grant funds were provided to the Agency.

(73) "Industrial Oil" means any compressor, turbine or bearing oil, hydraulic oil, metal-working oil or refrigeration oil.

(74) “Informal Selection” means the procedure according to OAR 125-248-0210.

(75) “Information Technology (IT)” means:

(a) Any equipment or interconnected system or subsystem of equipment used in the acquisition, storage, manipulation, management, movement, control, security, display, switching, interchange, transmission, communication, or reception of data or information electronically;

(b) Any development, implementation, and maintenance of computer equipment, ancillary equipment, software, firmware, and related procedures and services, including support services, consulting services, software development and related resources; or

(c) Any computer programs, routines, or subroutines, including operating software, programming aids, application programs, and software products.

(76) "Intermediate Procurement" means a sourcing method according to ORS 279B.070 or OAR 125-249-0160.

(77) "Interstate Cooperative Procurement" is defined in OAR 125-246-0400.

(78) "Invitation to Bid" or "ITB" is defined in ORS 279B.005 and 279C.400 and means all documents, whether attached or incorporated by reference, used for soliciting Bids in accordance with ORS 279B.055, 279B.070 or 279C.335.

(79) "Joint Cooperative Procurement" is defined in OAR 125-246-0400.

(80) "Judicial Department" is defined in ORS 174.113 and means the Supreme Court, the Court of Appeals, the Oregon Tax Court, the circuit courts and all administrative divisions of those courts, whether denominated as boards, commissions, committees or departments or by any other designation. The Judicial Department includes:

(a) An entity created by statute for the purpose of giving advice only to the Judicial Department and that does not have members who are officers or employees of the Executive Department or Legislative Department;

(b) An entity created by the Judicial Department for the purpose of giving advice to the judicial department, if the document creating the entity indicates that the entity is a public body; and

(c) Any entity created by the Judicial Department other than an entity described in paragraph (b) of this Subsection, unless the document creating the entity indicates that the entity is not a governmental entity or the entity is not subject to any substantial control by the Judicial Department.

(81) "Labor Dispute" is defined in ORS 662.010 and includes any controversy concerning terms or conditions of employment, or concerning the association or representation of Persons in negotiating, fixing, maintaining, changing or seeking to arrange terms or conditions of employment, regardless of whether or not the disputants stand in the proximate relation of employer and employee.

(82) "Land Surveyor" is defined in ORS 279C.100(4) and means a Person who is registered and holds a valid certificate in the practice of land surveying in the State of Oregon, as provided under ORS 672.002 to 672.325, and includes all terms listed in ORS 672.002(5).

(83) "Legally Flawed" is defined in ORS 279B.405(1)(b) and means that a Solicitation Document contains terms or conditions that are contrary to law.

(84) "Legislative Department" is defined in ORS 174.114 and, subject to ORS 174.108, means the Legislative Assembly, the committees of the Legislative Assembly and all administrative divisions of the Legislative Assembly and its committees, whether denominated as boards, commissions or departments or by any other designation. The Legislative Department includes:

(a) An entity created by statute for the purpose of giving advice only to the Legislative Department and that does not have members who are officers or employees of the executive department or judicial department;

(b) An entity created by the Legislative Department for the purpose of giving advice to the legislative department, but that is not created by statute, if the document creating the entity indicates that the entity is a public body; and

(c) Any entity created by the Legislative Department by a document other than a statute and that is not an entity described in paragraph (b) of this Subsection, unless the document creating the entity indicates that the entity is not a governmental entity or the entity is not subject to any substantial control by the Legislative Department.

(85) "Locality" is defined in ORS 279C.800(3) and means the following district in which the Public Works, or the major portion thereof, is to be performed:

(a) District 1, composed of Clatsop, Columbia and Tillamook Counties;

(b) District 2, composed of Clackamas, Multnomah and Washington Counties;

(d) District 4, composed of Benton, Lincoln and Linn Counties;

(e) District 5, composed of Lane County;

(f) District 6, composed of Douglas County;

(g) District 7, composed of Coos and Curry Counties;

(h) District 8, composed of Jackson and Josephine Counties;

(i) District 9, composed of Hood River, Sherman and Wasco Counties;

(j) District 10, composed of Crook, Deschutes and Jefferson Counties;

(k) District 11, composed of Klamath and Lake Counties;

(l) District 12, composed of Gilliam, Grant, Morrow, Umatilla and Wheeler Counties;

(m) District 13, composed of Baker, Union and Wallowa Counties; and

(n) District 14, composed of Harney and Malheur Counties.

(86) "Lowest Responsible Bidder" is defined in ORS 279A.010(1)(r) and means the lowest Bidder who:

(a) Has substantially complied with all prescribed Public Contracting procedures and requirements;

(b) Has met the standards of responsibility set forth in ORS 279B.110(2) or 279C.375;

(d) Is not on the list created by the Oregon Construction Contractors Board under ORS 701.227, if the advertised contract is a Public Improvement Contract.

(87) "Lubricating Oil" means any oil intended for use in an internal combustion crankcase, transmission, gearbox or differential or an automobile, bus, truck, vessel, plane, train, heavy equipment or machinery powered by an internal combustion engine.

(88) "Mandatory Use Contract" means a Public Contract, Department Price Agreement, or other agreement that an Agency is required to use for the Procurement of Supplies and Services.

(89) "Multistepped" means more than one step, phase, tier, or round in a process used in Competitive Sealed Bidding or Competitive Sealed Proposals according to ORS 279B and OAR Division 247.

(90) "Negotiations" means to compare views, take counsel, and communicate with another so as to arrive at a voluntary, mutual agreement about a matter.

(91) "Nonprofit Organization" is defined in ORS 279C.810 and means an organization or group of organizations described in Section 501(c)(3) of the Internal Revenue Code that is exempt from income tax under Section 501(a) of the Internal Revenue Code.

(92) "Nonresident Offeror" means an Offeror who is not a resident Offeror. For the meaning of residency, see the definition of “Resident Offeror.”

(93) "Not-for-Profit Organization" means a Nonprofit Corporation as defined in ORS 307.130(1)(c).

(94) "OAR" means the Oregon Administrative Rules.

(95) "Offer" means a response to a Solicitation, including: a Bid, Proposal, Quote or similar response to a Solicitation.

(96) "Offeror" means a Person who submits an Offer

(97) "Offering" means a Bid, Proposal, or Quote.

(98) "OPB Certified Professional" means an individual holding an active Oregon Procurement Basic Certification, issued by the State Chief Procurement Officer.

(99) "Opening" means the date, time and place specified in the Solicitation Document for the public opening of Written sealed Offers.

(100) “Ordering Instrument” or “Order” means a document used by an Authorized Agency in compliance with the Public Contracting Code, these Rules, and Department policies, for the general purpose of ordering Supplies and Services from one or more Providers.

(a) An Ordering Instrument or Order may also be known as a Purchase Order, Work Order, or other name assigned by an Agency.

(b) A Price Agreement may specify the use of Ordering Instruments.

(c) Absent a Price Agreement and subject to the Public Contracting Code, Rules, and Department policies, an Authorized Agency’s appropriate use of an Ordering Instrument is an Offer to purchase Supplies and Services from one or more Providers, and a Provider’s responsive and appropriate acceptance of the Offer creates a Public Contract.

(101) “Ordinary Construction Services” means those services that are not Public Improvements, are procured under ORS Chapter 279B, and are otherwise under ORS Chapter 279C, in accordance with OAR 125-249-0100(1) and 125-249-0140.

(102) "Original Contract" means the initial Contract or Price Agreement of the Department or an Authorized Agency. See OAR 125-246-0400 for the definition of "Original Contract" that the Public Contracting Code and Rules use for Cooperative Procurements only.

(103) "OregonBuys" means the on-line Electronic Procurement System administered by the Department, as further described in OAR 125-246-0500.

(104) "ORS" means the Oregon Revised Statutes.

(105) "Participant” is defined in OAR 125-246-0400.

(106) "Permissive Cooperative Procurement" is defined in OAR 125-246-0400.

(107) "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, governmental agency, public corporation or any other legal or commercial entity. "Person" is also defined in ORS 279C.500 and means the State Accident Insurance Fund Corporation and the Department of Revenue. “Person” is defined in ORS 279C.815 and means any employer, labor organization or any official representative of an employee or employer association.

(108) "Personal Services" under ORS 279B means services that require specialized skills, knowledge and resources in the application of technical or scientific expertise, or the exercise of professional, artistic or management discretion or judgment, including, without limitation, the services of an accountant, physician or dentist, educator, information technology professional, Consultant, broadcaster, or artist (including a photographer, filmmaker, painter, weaver or sculptor). "Personal Services" under ORS 279C includes the services of an Architect, Engineer, Photogrammetrist, Transportation Planner, Land Surveyor or Provider of Related Services as defined in ORS 279C.100, and that definition applies only to ORS 279C.100 to 279C.125, for Architectural, Engineering, Photogrammetric Mapping, Transportation Planning or Land Surveying Services or Related Services.

(109) "Personal Services Contract" means a Contract or a member of a class of Contracts for Personal Services. Contracts for Architectural, Engineering, Photogrammetric Mapping, Transportation Planning or Land Surveying Services, and Related Services are a special class of Personal Services Contracts, defined in ORS 279C.100(5), and Providers under such Contracts are Consultants, as defined in OAR 125-248-0110(1).

(110) "Prevailing Rate of Wage" is defined in ORS 279C.800 and means the rate of hourly wage, including all fringe benefits, paid in the Locality to the majority of Workers employed on projects of similar character in the same trade or occupation, as determined by the Commissioner of the Bureau of Labor and Industries.

(111) “Price Agreement.”

(a) "Price Agreement" is defined in ORS 279A.010(1)(v) and means a Public Contract for the Procurement of Supplies and Services at a set price with:

(A) No guarantee of a minimum or maximum purchase; or

(B) An initial order or minimum purchase combined with a continuing Contractor obligation to provide Supplies and Services in which the Authorized Agency does not guarantee a minimum or maximum additional purchase.

(b) The set price may exist at the outset or be determined later by an Ordering Instrument.

(c) A “Price Agreement” as a Public Contract may collectively consist of an initial agreement, together with later Ordering Instruments, if any.

(A) The initial agreement may be known as an agreement to agree, a master agreement, a Price Agreement for any Supplies and Services, a services agreement, or a retainer agreement, if such agreement meets the requirements of this Rule’s definition.

(B) The Ordering Instrument may be known as a work order, purchase order, or task order, or by another name for ordering purposes and related to the initial agreement.

(112) "Procurement" means the act of purchasing, leasing, renting or otherwise acquiring or selling: Supplies and Services; Architectural, Engineering, Photogrammetric Mapping, Transportation Planning or Land Surveying Services and Related Services; and Public Improvements. Procurement includes each function and procedure undertaken or required to be undertaken by an Authorized Agency to enter into a Public Contract, administer a Public Contract and obtain the performance of a Public Contract under the Public Contracting Code and these Rules. Procurement includes Contract Administration, and Contract Administration includes Amendments.

(113) “Procurement Authority” means the power to conduct any part or function in the Procurement process.

(114) "Procurement Document" collectively means the inclusive Solicitation Document and all documents either attached or incorporated by reference, and any changes thereto, used for any of the methods according to ORS 279A.200 through 279A.220, 279B.055 through 279B.085, 279C.100 through 279C.125, or 279C.300 through 2729C.450.

(115) “Procurement File” means any of the following files maintained by an Authorized Agency: a solicitation, Contract, Amendment, Work Order, or contract administration file, separately or collectively.

(116) "Procurement Process" means the process related to these acts, functions, and procedures of Procurement.

(117) "Product Sample" means the exact Goods or a representative portion of the Goods offered in an Offer, or the Goods requested in the Solicitation Document as a sample.

(118) "Property" is defined in ORS 279A.250 and means personal property.

(119) "Proposal" means a Written response to a Request for Proposals.

(120) "Proposer" means a Person who submits a proposal in response to a Request for Proposals, except for Architectural, Engineering, Photogrammetric Mapping, Transportation Planning or Land Surveying Services and Related Services according to OAR 125-248-0110, whereby "Proposer" means a Consultant who submits a proposal to an Authorized Agency in response to a Request for Proposals.

(121) "Provider" means collectively or in the alternative: the supplier, Contractor or Consultant, providing Supplies and Services or Public Improvements.

(122) "Post-consumer Waste" means a finished material that would normally be disposed of as solid waste, having completed its life cycle as a consumer item. "Post-consumer waste" does not include manufacturing waste.

(123) "Public Agency" is defined in ORS 279C.800 and means the State of Oregon or any political subdivision thereof or any county, city, district, authority, public corporation or entity and any of their instrumentalities organized and existing under law or charter.

(124) "Public Body" is defined in ORS 174.109, subject to ORS 174.108, and means state government bodies, local government bodies and special government bodies.

(125) "Public Contract" is defined in ORS 279A.010(1)(z) and means a sale or other disposal, or a purchase, lease, rental or other acquisition, by an Authorized Agency of Supplies and Services, Public Improvements, Public Works, minor alterations, or ordinary repair or maintenance necessary to preserve a Public Improvement. "Public Contract" does not include Grants. For the purposes of these Rules, “Public Contract” means Contract.

(126) "Public Contracting" is defined in ORS 279A.010(1)(aa) and means Procurement activities described in the Public Contracting Code relating to obtaining, modifying or administering Public Contracts or Price Agreements.

(127) "Public Contracting Code" or "Code" is defined in ORS 279A.010(1)(bb) and means 279A, 279B and 279C.

(128) “Public Improvement Contract” means a Public Contract for a Public Improvement. “Public Improvement Contract” does not include a Public Contract for emergency Work, minor alterations, or ordinary repair or maintenance necessary to preserve a Public Improvement.

(129) “Public Improvement” is defined in ORS 279A.010(1)(cc) and means a project for construction, reconstruction or major renovation on real property by or for an Authorized Agency. “Public Improvement” does not include:

(a) Projects for which no funds of an Authorized Agency are directly or indirectly used, except for participation that is incidental or related primarily to project design or inspection; or

(b) Emergency Work, minor alteration, ordinary repair or maintenance necessary to preserve a Public Improvement.

(c) Projects to acquire, install, or maintain a devise or facility for delivering electricity to the public for electric motor vehicles, in accordance with HB 2093 (2019).

(130) “Public Works” is defined in ORS 279C.800 and includes, but is not limited to: roads, highways, buildings, structures and improvements of all types, the construction, reconstruction, major renovation or painting of which is carried on or contracted for or by any public agency, to serve the public interest, but does not include the reconstruction or renovation of privately owned property that is leased by a Public Agency.

(131) “Purchase Order” means an Ordering Instrument or Order, as defined in this Rule.

(132) “Qualifications Based Selection (QBS)” means the qualifications based selection process mandated by ORS 279C.110 for Architectural, Engineering, Photogrammetric Mapping, Transportation Planning or Land Surveying Services, and Related Services Contracts.

(133) “Quote” means a verbal or Written Offer obtained through an Intermediate Procurement according to either OAR 125-247-0270 or 125-249-0160.

(134) “Recycled Material” means any material that would otherwise be a useless, unwanted or discarded material except for the fact that the material still has useful physical or chemical properties after serving a specific purpose and can, therefore, be reused or recycled.

(135) “Recycled Oil” means used oil that has been prepared for reuse as a petroleum product by refining, re-refining, reclaiming, reprocessing or other means, provided that the preparation or use is operationally safe, environmentally sound and complies with all laws and regulations.

(136) “Recycled Paper” means a paper product with not less than:

(a) Fifty percent of its fiber weight consisting of secondary waste materials; or

(b) Twenty-five percent of its fiber weight consisting of post-consumer waste.

(137) “Recycled PETE” means post-consumer polyethylene terephthalate material.

(138) “Recycled Product” means all materials, goods and supplies, not less than 50 percent of the total weight of which consists of secondary and post-consumer waste with not less than 10 percent of its total weight consisting of post-consumer waste. “Recycled Product” includes any product that could have been disposed of as solid waste, having completed its life cycle as a consumer item, but otherwise is refurbished for reuse without substantial alteration of the product’s form.

(139) “Related Services” is defined in ORS 279C.100(8).

(140) “Request for Proposals” or “RFP” is defined in ORS 279B.005 and means all documents, either attached or incorporated by reference, and any Addenda thereto, used for soliciting Proposals in accordance with ORS.279B.060, 279B.070 or 279C.405 and related Rules.

(141) “Request for Qualifications” or “RFQ” means a Written document issued by an Authorized Agency and describing: the Authorized Agency's circumstances; the type of service(s) or Work desired; significant evaluation factors; their relative importance; if appropriate, price; and competitive qualifications. Contractors respond in Writing to the Authorized Agency by describing their experience and qualifications. The RFQ will not result in a Contract. It establishes a list of qualified Contractors in accordance with OAR 125-247-0550, 125-248-0220 or 125-249-0645.

(142) “Request for Quotes” means a Written or oral request for prices, rates or other conditions under which a potential Contractor would provide Supplies and Services or Public Improvements described in the request.

(143) “Resident Bidder” is defined in ORS 279A.120 and means a Bidder that has paid unemployment taxes or income taxes in this state during the 12 calendar months immediately preceding submission of the Bid, has a business address in this State, and has stated in the Bid whether the Bidder is a “Resident Bidder.”

(144) “Resident Offeror” means an Offeror that has paid unemployment taxes or income taxes in this state during the 12 calendar months immediately preceding submission of the Offer, has a business address in this State, and has stated in the Offer whether the Offeror is a “resident Offeror.”

(145) “Responsible” means meeting the standards set forth in OAR 125-247-0640 or 125-249-0390(2), and not debarred or disqualified by the Authorized Agency under OAR 125-247-0575 or 125-249-0370.

(146) “Responsible Bidder” or “Responsible Proposer” is defined in ORS 279A.105 and 279B.005 and means a person who meets the standards of responsibility as described in ORS 279B.110.

(147) “Responsible Offeror” means, as the context requires, a Responsible Bidder, Responsible Proposer or a Person who has submitted an Offer and meets the standards set forth in OAR 125-247-0640 or 125-249-0390(2), and who has not been debarred or disqualified by the Agency under OAR 125-247-0575 or 125-249-0370, respectively.

(148) “Responsible Proposer” or “Responsible Bidder” is defined in ORS 279B.005 and means a Person who meets the standards of responsibility described in ORS 279B.110.

(149) “Responsive” means having the characteristic of substantial compliance in all material respects with applicable solicitation requirements.

(150) “Responsive Bid” or “Responsive Proposal” is defined in ORS 279B.005 and means a Bid or Proposal that substantially complies with the Invitation to Bid or Request for Proposals, respectively, and all prescribed Procurement procedures and requirements.

(151) “Responsive Offer” means, as the context requires, a Responsive Bid, Responsive Proposal or other Offer that substantially complies in all material respects with applicable Solicitation requirements.

(152) “Responsive Proposal” or “Responsive Bid” is defined in ORS 279B.005 and means a bid or proposal that substantially complies with the Invitation to Bid or Request for Proposals and all prescribed procurement procedures and requirements.

(153) “Retainage” is defined in ORS 279C.550 and means the difference between the amount earned by a Contractor on a Public Contract and the amount paid on the contract by the Authorized Agency.

(154) “Rules” means these Public Contracting Rules of the Department including Divisions 246 through 249, unless otherwise indicated.

(155) “Scope” means the extent or range of view, outlook, application, operation, or effectiveness. Scope does not include the dollar amount of the Contract.

(156) “Secondary Waste Materials” means fragments of products or finished products of a manufacturing process that has converted a virgin resource into a commodity of real economic value. “Secondary Waste Materials” includes post-consumer waste. “Secondary Waste Materials” does not include excess virgin resources of the manufacturing process. For paper, “Secondary Waste Materials” does not include fibrous waste generated during the manufacturing process such as fibers recovered from waste water or trimmings of paper machine rolls, mill broke, wood slabs, chips, sawdust or other wood residue from a manufacturing process.

(157) “Serial Negotiation” means a Negotiation that is sequential, on-going, consecutive, alternating, or repetitive.

(158) “Services” or “services,” for the purpose of these Rules only, means Trade Services, Personal Services, or any combination thereof.

(159) “Signature” means any Written mark, word or symbol that is made or adopted by a Person with the intent to be bound and that is attached to or logically associated with a Written document to which the Person intends to be bound.

(160) “Signed” means, as the context requires, that a Written document contains a Signature or that the act of making a Signature has occurred.

(161) “Small Procurement” means a sourcing method according to ORS 279B.065.

(162) “Sole-Source Procurement” means a sourcing method by which an Authorized Agency awards a Contract without competition to a single source for Supplies and Services, when Written justification demonstrates no other source is available, in accordance with ORS 279B.075 and OAR 125-247-0275.

(163) "Solicitation" means:

(a) A request by an Authorized Agency for the purpose of soliciting Offers. This request may take the form of an Invitation for Bid, a Request for Proposal, a Request for Quotation, a Request for Qualifications or a similar document; or

(b) The process of notifying prospective Offerors that the Authorized Agency requests such Offers; or

(164) "Solicitation Document" means an Invitation to Bid; a Request for Proposals; a Writing for a Small, Intermediate, Informal Selection, Competitive Quote, or Emergency Procurement; a Special Procurement Solicitation; or other document issued to invite Offers from prospective Contractors in accordance with ORS 279B or 279C. “Solicitation Document” includes related documents, either attached or incorporated by reference, and any changes thereto, issued by an Authorized Agency to establish an Original Contract that forms the basis for an Agency’s participation in a Procurement. The following examples are not Solicitation Documents because they do not invite offers from prospective Contractors: Request for Qualifications, a prequalification of Bidders, a request for information, and a request for product prequalification.

(165) “Special Government Body” is defined in ORS 174.117 and

(a) Means any of the following:

(A) A public corporation created under a statute of this State and specifically designated as a public corporation.

(B) A school district.

(D) An education service district.

(E) A community college district or community college service district established under ORS Chapter 341.

(F) An intergovernmental body formed by two or more public bodies.

(G) Any entity that is created by statute, ordinance or resolution that is not part of state government or local government.

(H) Any entity that is not otherwise described in this Section that is:

(i) Not part of state government or local government;

(ii) Created according to authority granted by a statute, ordinance or resolution, but not directly created by that statute, ordinance or resolution; and

(iii) Identified as a governmental entity by the statute, ordinance or resolution authorizing the creation of the entity, without regard to the specific terms used by the statute, ordinance or resolution.

(b) Subject to ORS 174.117, “Special Government Body” includes:

(A) An entity created by statute for the purpose of giving advice only to a special government body;

(B) An entity created by a Special Government Body for the purpose of giving advice to the special government body, if the document creating the entity indicates that the entity is a public body; and

(C) Any entity created by a Special Government Body described in Subsection (a) of this Section, other than an entity described in paragraph (B) of this Subsection, unless the document creating the entity indicates that the entity is not a governmental entity or the entity is not subject to any substantial control by the Special Government Body.

(166) “Special Procurement” means a sourcing method that may be a class Special Procurement, a contract-specific Special Procurement or both, unless the context requires otherwise in accordance with ORS 279B.085 and OAR 125-247-0287.

(a) “Class Special Procurement” is defined in ORS 279B.085 and means a contracting procedure that differs from the procedures described in ORS 279B.055, 279B.060, 279B.065 and 279B.070 and is for the purpose of entering into a series of Contracts over time for the acquisition of a specified class of Supplies and Services.

(b) “Contract-specific Special Procurement” means a contracting procedure that differs from the procedures described in ORS 279B.055, 279B.060, 279B.065 and 279B.070 and is for the purpose of entering into a single Contract or a number of related contracts for the acquisition of specified Supplies and Services on a one-time basis or for a single project.

(167) “Specification” is defined in ORS 279B.200(3) and means any description of the physical or functional characteristics, or of the nature of the Supplies and Services to be procured by an Agency. “Specification” includes: any requirement for inspecting, testing, or preparing the Supplies and Services for delivery and the quantities or qualities of Supplies and Services to be furnished under the Contract. Specifications generally will state the result to be obtained and occasionally may describe the method and manner of performance.

(168) “State” means the State of Oregon.

(169) “State Contracting Agency” is defined in ORS 279A.010 and 200.005(12) and means an Executive Department entity authorized by law to conduct a Procurement.

(170) “State Government,” subject to ORS 174.108, means the Executive Department, the Judicial Department and the Legislative Department.

(171) "Statement of Work" means all provisions of a Public Contract that specifically describe the Services or Work to be performed or Goods to be delivered by either the Contractor, its subcontractor(s), or the Agency, as applicable, including any related Technical Specifications, deadlines, or deliverables. For purposes of the definition of Statement of Work, "Technical Specifications" with respect to equipment, materials and Goods, means descriptions of dimensions, composition and manufacturer and quantities and units of measurement that describe quality, performance, and acceptance requirements. With respect to Services, "Technical Specifications" means quantities and units of measurement that describe quality, performance and acceptance requirements.

(172) “Substantial Completion” is defined in ORS 12.135 and means the date when the contractee accepts in Writing the construction, alteration or repair of the improvement to real property or any designated portion thereof as having reached that state of completion when it may be used or occupied for its intended purpose or, if there is no such Written acceptance, the date of acceptance of the completed construction, alteration or repair of such improvement by the contractee.

(173) “Supplies and Services” includes “Supplies or Services” and collectively means Goods, Trade Services, Personal Services, and Ordinary Construction Services separately or in any combination of these terms thereof as appropriate within the context of the Rule. “Supplies and Services” includes the terms “goods and services,” “goods or services,” and “personal services” contained in ORS 279A and 279B. This term does not include Public Improvements or Architectural, Engineering, Photogrammetric Mapping, Transportation Planning or Land Surveying Services, and Related Services, governed under ORS 279C.

(174) "Surplus Property" means all personal property, vehicles and titled equipment property received by the Department as surplus from federal government units, state agencies, local governments, and special government bodies for sale to state agencies, political subdivisions of the State, and private not-for-profit organizations or the general public or any combination thereof. See OAR 125-050.

(175) “Sustainability” is defined in ORS 184.421 and means using, developing and protecting resources in a manner that enables people to meet current needs and provides that future generations can also meet future needs, from the joint perspective of environmental, economic and community objectives.

(176) “Threshold” means a specific monetary limitation that distinguishes one Procurement method from another, triggers a requirement, or marks a point of reference or change in Rule. For example, the Thresholds of $25,000 to $250,000 distinguish Intermediate Procurements under ORS 279B from other methods.

(177) “Trade Services” means all remaining services that do not meet the definition for Personal Services.

(178) “Unnecessarily Restrictive” is defined in ORS 279B.405(1)(c) and means that Specifications limit competition arbitrarily, without reasonably promoting the fulfillment of the Procurement needs of an Agency.

(179) “Used Oil” is defined in ORS 459A.555 and means a petroleum-based oil which through use, storage or handling has become unsuitable for its original purpose due to the presence of impurities or loss of original properties.

(180) “Veteran” is defined in ORS 200.005 and means:

(a) an individual who:

(A) Served on active duty with the Armed Forces of the United States:

(i) For a period of more than 90 consecutive days beginning on or before January 31, 1955, and was discharged or released under honorable conditions;

(ii) For a period of more than 178 consecutive days beginning after January 31, 1955, and was discharged or released from active duty under honorable conditions;

(iii) For 178 days or less and was discharged or released from active duty under honorable conditions because of a service-connected disability;

(iv) For 178 days or less and was discharged or released from active duty under honorable conditions and has a disability rating from the United States Department of Veterans Af- fairs; or

(v) For at least one day in a combat zone and was discharged or released from active duty under honorable conditions;

(B) Received a combat or campaign ribbon or an expeditionary medal for service in the Armed Forces of the United States and was discharged or released from active duty under honorable conditions;

(D) Is a disabled veteran, as defined in ORS 408.225; or

(E) Has been a reserve officer or member of a National Guard unit for at least five years before the individual seeks a certification under ORS 200.055.

(b) As used in paragraph (a) of this subsection, “active duty” does not include attendance at a school under military orders, except schooling incident to an active enlistment or a regular tour of duty, or normal military training as a reserve officer or member of an organized reserve or a National Guard unit.

(181) “Virgin Oil” means oil that has been refined from crude oil and that has not been used or contaminated with impurities.

(182) “Work” means the furnishing of all services, materials, equipment, labor, and incidentals necessary to successfully complete any individual item or the entire Contract and the carrying out and completion of all duties and obligations imposed by the Contract.

(183) “Work Order” means an Ordering Instrument related to Services, including any incidental Supplies.

(184) “Writing” means letters, characters and symbols inscribed on paper by hand, print, type or other method of impression, intended to represent or convey particular ideas or meanings. “Writing” when required or permitted by law, or required or permitted in a Solicitation Document, also means letters, characters and symbols made in electronic form and intended to represent or convey particular ideas or meanings.

(185) “Written” means existing in Writing.

History

Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070
Statutes/Other Implemented: ORS 279A.065, 279A.200, 279B.005 & 279C.110
DAS 5-2023, amend filed 12/29/2023, effective 01/01/2024
DAS 1-2023, amend filed 04/11/2023, effective 05/01/2023
DAS 6-2022, temporary amend filed 11/07/2022, effective 11/07/2022 through 05/05/2023
DAS 3-2019, amend filed 12/23/2019, effective 01/01/2020
DAS 3-2018, amend filed 12/14/2018, effective 01/01/2019
DAS 2-2016, f. 12-22-16, cert. ef. 1-1-17
DAS 4-2015, f. 12-29-15, cert. ef. 1-1-16
DAS 3-2014, f. 12-29-14, cert. ef. 1-1-15
DAS 4-2013, f. 12-17-13, cert. ef. 1-1-14
DAS 3-2012, f. 11-29-12, cert. ef. 12-1-12
DAS 11-2009, f. 12-30-09, cert. ef. 1-1-10
DAS 6-2008, f. & cert. ef. 7-2-08
DAS 5-2006, f. & cert. ef. 5-31-06
DAS 9-2005, f. & cert. ef. 8-3-05
DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05

Or. Admin. R. 125-246-0120 Policies

(1) These Rules simplify, clarify and modernize Public Contracting pursuant to ORS 279A.015(1).

(2) These Rules provide a foundation for ethical and fair dealing in Public Contracting, designed to instill public confidence pursuant to ORS 279A.015(2).

(3) The promotion of efficient use of resources pursuant to ORS 279A.015(3) includes but is not limited to Sustainability. Pursuant to ORS 184.421, "Sustainability" means using, developing and protecting resources in a manner that enables people to meet current needs and provides that future generations can also meet future needs, from the joint perspective of environmental, economic and community objectives. ORS 184.421(1) sets forth the goals for the State of Oregon regarding Sustainability and provides that in conducting internal operations, Agencies must, in cooperation with the Department, seek to achieve the following objectives:

(a) State purchases should be made so as to serve the broad, long term financial interests of Oregonians, including ensuring that environmental, economic and societal improvements are made so as to enhance environmental, economic and societal well-being;

(b) Investments in facilities, equipment and durable goods should reflect the highest feasible efficiency and lowest life cycle costs;

(d) State operations and purchases should help maintain vital and active downtown and main street communities;

(e) State purchases should help support opportunities for economically distressed communities and historically underemployed people;

(f) State operations should be conducted in ways that significantly increase the efficient use of energy, water and resources;

(g) State operations and purchases should reflect the efficient use and reuse of resources and reduction of contaminants released into the environment.

(4) These Rules clearly identify and implement each of the legislatively mandated socioeconomic programs identified pursuant to ORS 279A.015(4).

(5) "Arriving at best value" pursuant to ORS 279A.015(5) means selecting a Provider based on a determination of which Providers' proposals offer the best trade-off between price and performance, in which quality is considered an integral performance factor. The selection may be based on evaluation factors including but not limited to:

(a) The total cost of ownership, including the cost of acquiring, operating, maintaining and supporting Supply and Services, Public Improvements, and Architectural, Engineering and Land Surveying and Related Services, or any combination thereof, over its projected lifetime;

(b) The technical merit of the Proposer's proposal; and

(c) The probability of the Proposer performing the requirements stated in the Solicitation on time, with high quality and in a manner that accomplishes the stated business objectives.

(6) Authorized Agencies must conduct Public Contracting to further the policies set forth in ORS 279A.015, elsewhere in the Code, and in these Rules.

History

Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070
Statutes/Other Implemented: ORS 279A.015
DAS 9-2005, f. & cert. ef. 8-3-05
DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05

Or. Admin. R. 125-246-0130 Application of the Code and Rules; Exceptions

(1) Code, Rules and Policies. Except as set forth in this Section and ORS 279A.025, an Agency must exercise all rights, powers and Authority related to Public Contracting in accordance with the Public Contracting Code, Rules, and applicable Department policies (Policies).

(2) Exceptions for Contracts and Grants. These Rules do not apply to the following:

(a) Contracts between Agencies;

(b) Contracts between Agencies and Public Bodies;

(d) For Cooperative Procurements, any contractual relationship described in Subsections (2)(a) through (c) of this Rule. The Code, Rules, and policies apply to the contractual relationships between the Agencies and Providers, other states, tribes, other nations, and any of their public entities; and

(e) Grants.

(A) Agency as Recipient. If an Agency is a recipient in an agreement with a grantor, the definition of Grant in ORS 279A.010 and OAR 125-246-0110 determines if the agreement is subject to the Code and these Rules. If the grantor has substantial involvement in the program or activity of the Agency, the agreement is not a Grant. The agreement is subject to the Code and these Rules.

(B) Agency as Grantor. If an Agency is a grantor in an agreement with a recipient, the definition of Grant in ORS 279A.010 and OAR 125-246-0110 determines if the agreement is subject to the Code and these Rules. If the Agency has substantial involvement in the program or activity of the Agency’s recipient, the agreement is not a Grant. The agreement is subject to the Code and these Rules.

(3) Exception for a Federal Program. Authorized Agencies otherwise subject to the Code and these Rules may enter into Public Contracts under a federal program described in ORS 279A.180 and according to OAR 125-246-0360, without following the procedures set forth in ORS 279B.050 through 279B.085 and 125-247-0250 through 125-247-0690.

(4) Exception when Procuring from Oregon Forward Contractors (OFCs) (formally known asQualified Rehabilitation Facilities (QRFs)). Agencies subject to the Code and these Rules are not subject to the methods set forth in ORS 279A.200 through 279A.225 (Cooperative Purchasing) or 279B.050 through 279B.085 (Sourcing Methods) and related Rules when the Agencies procure Supplies and Services according to ORS 279.835 through 279.855 and OAR 125-055-0010(1) (Acquisition of Supplies and Services from OFCs). Agencies are subject to the remainder of the Code and these Rules, including but not limited to delegation of Authority in accordance with OAR 125-246-0170.

(5) Exception for Correctional Industries. Agencies otherwise subject to the Code and these Rules may enter into Contracts with correctional industries according to the Oregon Constitution, Article 1, Subsection 11, without being subject to the source selection procedures set forth in either ORS 279A.200 through 279A.225 (Cooperative Purchasing) or 279B.050 through 279B.085 (Sourcing Methods) and their respective Rules.

(6) Exception for Price Agreements. Agencies otherwise subject to the Code and these Rules are not subject to the methods set forth in ORS 279A.200 through 279A.225 (Cooperative Purchasing) or 279B.050 through 279B.085 (Sourcing Methods) and related Rules when the Agencies procure Supplies and Services from a Department Price Agreement or other Price Agreement. Agencies are subject to the remainder of the Code and these Rules, including but not limited to delegation of Authority in accordance with OAR 125-246-0170.

History

Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070
Statutes/Other Implemented: ORS 279A.025, 279A.050, 279A.055 & 279A.180
DAS 5-2023, amend filed 12/29/2023, effective 01/01/2024
DAS 1-2023, amend filed 04/11/2023, effective 05/01/2023
DAS 6-2022, temporary amend filed 11/07/2022, effective 11/07/2022 through 05/05/2023
DAS 4-2013, f. 12-17-13, cert. ef. 1-1-14
DAS 11-2009, f. 12-30-09, cert. ef. 1-1-10
DAS 6-2008, f. & cert. ef. 7-2-08
DAS 5-2006, f. & cert. ef. 5-31-06
DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05

Or. Admin. R. 125-246-0135 Solicitation Templates; Contract Forms and Templates; Accountability for Advice (Director Verification)

(1) See OAR 137-046-0140.

(2) Regardless of OAR 137-046-0140, a State Contracting Agency, in Solicitation documents, must comply with SB 471 (Chapter 294, 2019) regarding conflict minerals.

History

Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070
Statutes/Other Implemented: ORS 279A.157, 279A.161 & SB 471 (Chapter 294, 2019)
DAS 3-2019, amend filed 12/23/2019, effective 01/01/2020
DAS 3-2018, amend filed 12/14/2018, effective 01/01/2019
DAS 2-2016, f. 12-22-16, cert. ef. 1-1-17
DAS 4-2015, f. 12-29-15, cert. ef. 1-1-16

Or. Admin. R. 125-246-0140 Procurement Authority

(1) The Department must conduct all Procurements and administer the contracting for Supplies and Services; Architectural, Engineering and Land Surveying Services, and Related Services; and Public Improvements for the Agencies, unless delegated, according to ORS 279A.140 and 279C.105(1). Delegations of Authority in accordance with OAR 125-246-0170 do not relieve the Department of this responsibility.

(2) For Agencies, the Department and its Director are the Contracting Agency described in the Public Contracting Code and represent the Agencies. Authorized Agencies receive delegated Authority according to OAR 125-246-0170.

(3) After December 31, 2018, any person conducting a Procurement or administering a Contract for a state contracting agency, as defined in ORS 279A.010(1)(b), must have education, training, professional experience, or a combination thereof that, at a minimum, and in accordance with standards established by the Department pursuant to ORS 279A.159, adequately prepares the person to:

(a) Develop specifications and develop or adapt solicitation documents for a Procurement;

(b) Read critically, understand, interpret and apply terms and conditions set forth in Public Contracts of the scope and nature for which the person is or will be responsible;

(c) Draft scopes of work, statements of work, contract amendments, change orders, insurance requirements, notices and other documents and communications that are necessary to conduct a Procurement or administer a Public Contract of the scope and nature for which the person is or will be responsible;

(d) Monitor a contractor’s performance under a Public Contract to ensure that the contractor performs services, provides goods or supplies materials according to the schedule, pricing, specifications and terms and conditions set forth in the Public Contract;

(e) Manage relations between a state contracting agency and contractors so that contractors meet obligations to the state contracting agency and the state contracting agency meets obligations to contractors;

(f) Recognize and investigate emerging disputes or other risks, unique requirements, unusual situations or other issues that arise in connection with a Procurement and formulate appropriate responses and resolutions, seeking advice from legal counsel, risk management personnel or other persons when necessary;

(g) Understand auditing requirements and procedures that apply to Procurements of the scope and nature for which the person is or will be responsible and organize and maintain appropriate documentation and administrative practices that meet the auditing requirements; and

(h) Follow regular business and office procedures, implement applicable state contracting agency policies and procedures and otherwise conduct Procurements or administer Public Contracts for a state contracting agency in accordance with best practices.

(4) In addition to the requirements set forth in subsections (3)(a)-(h) of this rule, the Department may:

(a) Describe the contents and quality of a curriculum for an appropriate education or training program;

(b) Establish a passing score for an examination or assessment, if appropriate;

(c) Establish requirements for obtaining a certificate or other evidence of having completed the education or training program;

(d) Otherwise determine the skills and the level and depth of knowledge a person must have to fulfill the education or training program;

(e) Describe the length of service or other evidence of adequate experience required; and

(f) Establish levels or classifications of education and training or experience that are necessary for a person to conduct a Procurement or administer a Public Contract for a state contracting agency, according to:

(A) The complexity, scope or category of Procurements a state contracting agency conducts;

(B) The degree of responsibility a person will have for conducting a Procurement or administering a Public Contract; or

(5) Any person conducting any part of a Procurement or any part of administering a Contract for a state contracting agency, after December 31, 2018, who does not have education, training, professional experience, or a combination thereof in accordance with the standards and requirements established by the Department pursuant to ORS 279A.159 and this Rule, must

(a) Have a Written delegation from a person who currently meets the standards and requirements established by the Department pursuant to ORS 279A.159 and this Rule, and

(b) Have their actions directly reviewed and approved by a person who currently meets the standards and requirements established by the Department pursuant to ORS 279A.159 and this Rule. A delegation under this Section must be in a form approved by the State Chief Procurement Officer.

(6) The Department may provide any part or all of an education or training program that meets the standards established by the Department, or may approve any part or all of an education or training program that the Department may determine meets the standards and requirements established by the Department pursuant to ORS 279A.159 and this Rule. The Department may phase in or specify incremental steps for meeting the standards and requirements under this Rule.

History

Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070
Statutes/Other Implemented: ORS 279A.050(1)(2)
DAS 5-2023, amend filed 12/29/2023, effective 01/01/2024
DAS 1-2023, amend filed 04/11/2023, effective 05/01/2023
DAS 6-2022, temporary amend filed 11/07/2022, effective 11/07/2022 through 05/05/2023
DAS 2-2016, f. 12-22-16, cert. ef. 1-1-17
DAS 6-2008, f. & cert. ef. 7-2-08
DAS 5-2006, f. & cert. ef. 5-31-06
DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05

Or. Admin. R. 125-246-0150 Applicability of These Rules to Agencies

Agencies subject to the Authority of the Director of the Department must follow these Rules. If an Agency is partially independent of the Authority of the Department and partially subject to the Authority of the Department, that Agency is responsible for obtaining any legal determination related to these Rules.

History

Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070
Statutes/Other Implemented: ORS 279A.065
DAS 1-2023, amend filed 04/11/2023, effective 05/01/2023
DAS 6-2022, temporary amend filed 11/07/2022, effective 11/07/2022 through 05/05/2023
DAS 11-2009, f. 12-30-09, cert. ef. 1-1-10
DAS 5-2006, f. & cert. ef. 5-31-06
DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05

Or. Admin. R. 125-246-0165 Delegation Policy and Procedures

(1) Generally.

(a) Purpose. This Rule describes the policy and procedures related to the delegation of Authority under OAR 125-246-0170, including but not limited to:

(A) Policy of the Code;

(B) Individual Representation;

(D) Changes in Individual Representation;

(E) Procedural Requirements;

(F) Signature; and

(G) Commitment of Funds.

(b) This Rule applies to all delegations and sub-delegations of Authority (collectively, Delegations), modifications of Delegations, and revocations of Delegations under OAR 125-246-0170. This Rule does not delegate Authority. All delegations of Authority under the Rules are found solely in 125-246-0170.

(2) Policy of the Code. The policy of the Code is to clarify responsibilities, instill public confidence, promote efficient use of resources, implement socioeconomic programs, allow meaningful competition, and provide a structure that supports evolving procurement methods, according to ORS 279A.015. These Rules support this policy of the Code.

(3) Individual Representation. Public Contracting may be delegated only to an individual, representing the State's interests. Authority under these Rules may be delegated only to individuals acting on behalf of the Agencies and in accordance with this Rule, and OAR 125-246-0170(2)(a)(A). All individual delegatees must hold and use this Authority within the scope of their employment by the Agency and act on behalf of the Agency as the Agency’s representative. Sub-delegations may be in whole or in part according to ORS 279A.075. Any individual may decline a sub-delegation in whole or in part. A delegator or delegatee may also be referred to in this Rule as an “Authorized Individual.”

(4) Forms of Delegations and Revocations of Authority. ORS 279A.075 provides that the exercise of all authorities in the Code may be delegated and sub-delegated in whole or in part. The form of a Delegation or revocation of Authority by an Authorized Individual may be by:

(a) OAR 125-246-0170 by the Director of the Department;

(b) A Written external or internal policy by an authorized delegator or revoker;

(d) A letter or memorandum signed by an authorized delegator or revoker.

(5) Changes in Individual Representation. If an Agency determines that an Authorized Individual has ceased to represent that Agency for Procurement (Absent Individual), then:

(a) The Authority of the Absent Individual automatically reverts back to the individual who originally delegated the Authority to the Absent Individual. The Agency must determine who receives the reverted Authority in accordance with this Rule. If the Absent Individual is a head of an Agency or Designated Procurement Officer, the delegator of Authority to that individual must notify the State Chief Procurement Officer within thirty (30) days after the change in representation.

(b) Sub-delegations, if any, by an Absent Individual remain in effect unless and until the Authority of any sub-delegatees is modified or revoked by an Authorized Individual.

(6) Procedural Requirements.

(a) Compliance. Authorized Agencies must maintain good contracting procedures in accordance with the Public Contracting Code, related Rules and policies of the Department. Delegation of Authority does not exempt anyone from the requirements of the Public Contracting Code, related Rules, and policies of the Department. Any individual receiving delegated Authority is responsible for following the Public Contracting Code, related Rules, and policies of the Department.

(b) Modifications or Revocations.

(A) Authority. Subject to the conditions of Subsection (ii) below, a Delegation may be modified or revoked by:

(i) The Director of the Department,

(ii) The State Chief Procurement Officer in accordance with OAR 125-246-0170(3)(b)(D) and 125-246-0170(3)(d)(J), or

(iii) The original authorized delegator or successor of this delegator who made this Delegation being modified or revoked.

(B) Conditions.

(i) This modification or revocation of a Delegation must be in Writing;

(ii) The delegatee must receive reasonable notice of the modification or revocation of the Delegation; and

(iii) This modification or revocation of a Delegation must be based upon a determination.

(c) Maintenance of Documents. The Authorized Agency must maintain copies of letters, memoranda, or agreements granting a Delegation.

(7) Signature. When an Authorized Agency has delegated Authority according to OAR 125-246-0170, the Authorized Agency's signature constitutes both the execution and approval of the Contract, except as provided in 125-246-0170(2)(a)(B)(i).

(8) Commitment of Funds. ORS 291 and 293, together with the policies of the State Controller’s Division of the Department, provide for public financial administration, including: appropriations, allotments by the Department, and an individual’s authority to commit or encumber funds, financially obligate the Agency, and decide to expend funds. This type of authority may be referred to as commitment, expenditure, obligation, expenditure decision or signature authority (collectively, Commitment of Funds).

(9) Requests for Delegations. Any Agency may submit a delegation request through OregonBuys or other Electronic Procurement System approved by the State Chief Procurement Officer to the State Chief Procurement Officer for Authority in accordance with the Public Contracting Code, this Rule, and any related policy of the Department. All requested Delegations must be approved in Writing by the State Chief Procurement Officer and based upon a consideration of relevant criteria as follows:

(a) The nature of the Supplies and Services to be provided;

(b) Resources of the Agency requesting the delegation, including trained and qualified contract officers and staff, the Agency’s experience and expertise, staff time available, and the degree of economy and efficiency to be achieved in meeting the state's requirements if Authority is delegated;

(d) Department’s resources to exercise the Authority if it is not delegated; and

(e) Value added by the Agency if the Authority is delegated.

(10) Revocation of Delegations. The State Chief Procurement Officer may revoke any delegation issued under section (9) of this Rule at any time by Written notice to the Designated Procurement Officer of the Agency, as defined in OAR 125-246-0170, based upon, but not limited to any of the following:

(a) Failure to comply with the requirements of the delegation;

(b) Failure to comply with the requirements of OAR 125-246-0170(2)(a)(A)

(c) Deficiencies evidenced by performance audits performed by the Department, the Secretary of State, or the Legislative Assembly;

(d) Failure to comply with the Department training requirements to obtain an Oregon Procurement Certification, or specific training described in the delegation;

(e) Lack of adequate experience in terms of procurement knowledge and any specialized knowledge pertinent to the Authority delegated;

(f) The available resources of the Department to conduct the purchasing activities if Authority is revoked; and

(g) The degree of economy and efficiency to be achieved in meeting the state’s requirements if Authority is revoked.

(11) Return of Delegations from Agencies to the State Chief Procurement Officer. If an Agency needs assistance, an Agency may request that the State Chief Procurement Officer reclaim the Authority previously delegated to the Agency. With sole discretion, the State Chief Procurement Officer may accept the reclamation request for assistance according to the responsibilities, resources, and needs of the Department and the Agency.

History

Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070
Statutes/Other Implemented: ORS 279A.050, 279A.075 & 279A.140
DAS 1-2023, amend filed 04/11/2023, effective 05/01/2023
DAS 6-2022, temporary amend filed 11/07/2022, effective 11/07/2022 through 05/05/2023
DAS 3-2019, amend filed 12/23/2019, effective 01/01/2020
DAS 3-2018, amend filed 12/14/2018, effective 01/01/2019
DAS 2-2016, f. 12-22-16, cert. ef. 1-1-17
DAS 3-2014, f. 12-29-14, cert. ef. 1-1-15
DAS 4-2013, f. 12-17-13, cert. ef. 1-1-14
DAS 3-2012, f. 11-29-12, cert. ef. 12-1-12
DAS 11-2009, f. 12-30-09, cert. ef. 1-1-10

Or. Admin. R. 125-246-0170 Delegation of Authority

(1) Generally.

(a) Purpose. This Rule delegates the procurement Authority of the Department (Authority). Only this Rule delegates this Authority.

(b) Authority of Agencies. The Director of the Department delegates Authority to the Designated Procurement Officers of the Authorized Agencies in section (2) of this Rule.

(c) Authority of the State Chief Procurement Officer. The Director of the Department delegates Authority to the State Chief Procurement Officer in Section (3) of this Rule.

(d) Authority of Independent Agencies. The Director of the Department delegates Authority in certain instances to Independent Agencies in Section (4) of this Rule.

(e) Authority of the Director. According to ORS 279A.140, the Department must conduct all Procurements, including Contract Administration, for the Agencies. Other Sections of the Code authorize specific actions by the Director of the Department. According to ORS 279A.050(1) and (2), this Authority of the Department vests only in the Director of the Department. The Director is ultimately responsible for the Procurement of the Agencies.

(2) Delegation to Individuals in Agencies.

(a) Chain of Delegation and Responsibilities.

(A) Head and Designated Procurement Officer of the Agency.

(i) Conditional Delegation. The Director of the Department delegates Authority, only as set forth in this Section (2), to the heads of Authorized Agencies, on the condition that the head of each Authorized Agency subdelegate such Authority to the Agency’s Designated Procurement Officer, who may further subdelegate such Authority in accordance with policies of the Agency (Chain of Delegation). Each Authorized Agency must appoint a Designated Procurement Officer to serve that Authorized Agency; if none is appointed, the head of the Agency is deemed to be the Designated Procurement Officer and assumes the Authority, duties and responsibilities of the Designated Procurement Officer (collectively, “Designated Procurement Officer”). The head of each Agency may not subdelegate Authority outside this Chain of Delegation, except as provided in subsection (2)(a)(B).

(ii) Manner of Appointment. The Authorized Agency may determine its procedure for appointing its Designated Procurement Officer, and this Rule does not require or imply any inherent Authority in individual(s) or the Agency in order to make this appointment. The Agency must, in a form approved by the State Chief Procurement Officer, send a Written notice of its appointment of the Designated Procurement Officer to the State Chief Procurement Officer.

(iii) The State Chief Procurement Officer may approve the appointment of the Designated Procurement Officer in accordance with ORS 279A.159, these Rules, and Department policies.

(iv) Each Designated Procurement Officer shall prepare and maintain on file with the Agency’s Designated Procurement Officer a current procurement plan. The plan should include the anticipated Procurements for the fiscal year or biennium, and a List of procurement staff and their certifications or qualifications.

(B) Exceptions: Head and Other Individuals of the Agency.

(i) Execution of Contracts. Heads of Authorized Agencies may subdelegate the Authority to execute Contracts, as described in subsection (2)(b)(F), to other individuals within their respective Agency, provided this subdelegation is in accordance with a Written alternative subdelegation plan, maintained on file with the Agency’s Designated Procurement Officer.

(ii) Special Procurements of General or Special Counsel Authorized by the Attorney General, according to OAR 125-247-0295. Heads of Authorized Agencies may subdelegate the Authority to procure general or special counsel authorized by the Attorney General, as described in subsection (2)(d)(L), to other individuals within their respective Agency, provided the head of the Authorized Agency has determined that the individual receiving the subdelegation has the requisite skills and knowledge to carry out the subdelegation. Such subdelegations may be further subdelegated within that Authorized Agency, provided the subdelegator has determined that each individual receiving the Delegation has the requisite skills and knowledge to carry out the subdelegation.

(iii) Chain of Delegation. Authorized Individuals in accordance with Subsections (2)(a)(B)(i) and (ii) are included in the Chain of Delegation.

(C) Responsibilities. Each individual in the Chain of Delegation remains responsible for the exercise of Authority by that individual’s subdelegatees, and subdelegation does not waive this responsibility. Each delegator must determine and document that the delegatee is capable and accountable for the Procurement. The Designated Procurement Officer, appointed within each Authorized Agency, is responsible for all delegated procurement activity on behalf of the Authorized Agency, as described in this section (2), except as provided in subsection (2)(a)(B).

(b) Duties and Responsibilities of Designated Procurement Officers. The Authority, duties and responsibilities of the Designated Procurement Officer, according to (2)(a)(A), are as follows:

(A) Serve as the exclusive supervisor and manager of the Authorized Agency's Procurement system;

(B) Conduct, supervise and manage the Procurement and the Procurement Process for the Authorized Agency in accordance with the Code and these Rules, except for those Procurements conducted by a delegatee to whom the Designated Procurement Officer has delegated Authority;

(D) Issue Solicitations and implement other non-Solicitation methods for all Procurements of the Authorized Agency in accordance with the Code and these Rules;

(E) Award Contracts only as authorized in accordance with this Rule;

(F) Execute Contracts, which means causing the signing of Contracts and performance of all necessary formalities to bring the Contracts into their final, legally enforceable forms. If the Designated Procurement Officer is unable to make a Commitment of Funds as described in OAR 125-246-0165(8), then the head of the Authorized Agency may follow an alternative subdelegation plan in accordance with Subsection (2)(a)(B)(i).

(G) Comply with the reporting requirements and the training and certification requirements of the Code, these Rules, and Department policies;

(H) Monitor sourcing decisions, Procurements, development of Contracts, awarded Contracts, Contract compliance, spend, Delegations, Special Procurements, exemptions, and exceptions. Monitoring Contract development, awards, and compliance applies to all Delegations;

(I) Based upon the monitoring described in subsection (2)(b)(H), determine opportunities, establish targets, and utilize methods according to ORS 279A.200 through 279A.220 and 279B.055 through 279B.085 to optimize savings consistent with strategic sourcing; and

(J) Conduct Cost Analyses, approve Feasibility Determinations and Exceptions, and otherwise comply with OAR 125-247-0110.

(c) Delegation by Rule Based Upon Thresholds. By this Rule, the Director of the Department delegates Authority to the heads of all Authorized Agencies, subject to section (2)(a)(A) and (B), for the following Procurements, including Contract Administration:

(A) Small Procurements of Supplies and Services up to and including the Threshold of $25,000, according to ORS 279B.065 and related Rules;

(B) Direct appointments of Architectural, Engineering, Photogrammetric Mapping, Transportation Planning or Land Surveying Services or Related Services according to OAR 125-248-0200;

(C) Procurements of Supplies and Services greater than $25,000 and not exceeding $250,000, and Amendments of Contracts resulting from these Procurements, according to ORS 279B.070, OAR 125-247-0270, and any related policy;

(D) Informal Selection Procedures of Architectural, Engineering, Photogrammetric Mapping, Transportation Planning or Land Surveying Services or Related Services according to ORS 279C.110 and OAR 125-248-0210, provided that the Authorized Agency follows the requirements as set forth in the policy of the Department;

(E) Competitive Quotes for Public Improvements estimated not to exceed $100,000, provided that the Authorized Agency follows the requirements as set forth in the policy of the Department;

(F) Competitively Sealed Bidding not exceeding $250,000 and according to OAR 125-247-0255;

(G) Competitively Sealed Proposals not exceeding $250,000 and according to OAR 125-247-0260;

(H) Sole-Source Procurements not exceeding $250,000 and according to ORS 279B.075 and OAR 125-247-0275;

(I) Special Procurements in accordance with OAR 125-247-0287 not exceeding $250,000. This is the Authority to use the Special Procurement. Approval of the Special Procurement method must be requested from the State Chief Procurement Officer pursuant to OAR 125-247-0287.

(J) Purchase of Used Personal Property Special Procurements not exceeding $250,000 and according to OAR 125-247-0288(10);

(K) Reverse Auctions Special Procurements not exceeding $250,000 and according to OAR 125-247-0288(11); and

(L) Contract Administration as follows:

(i) For Contracts and Ordering Instruments authorized according to this section (2)(c) and (d), the Contract Administration of these Public Contracts and Ordering Instruments, including but not limited to: appropriate payment approvals, ordering in accordance with the terms of Department Price Agreements, and the oversight of the Provider(s); but excluding the Contract Administration described in Subsection (v) below;

(ii) The daily or routine Contract Administration of Ordering Instruments placed against Department Price Agreements and Contracts procured by the Department on behalf of Agencies. This daily or routine Contract Administration includes but is not limited to: appropriate payment approvals, ordering in accordance with the terms of Department Price Agreements, and the oversight of the Provider(s);

(iii) Activities specified in Writing by the State Chief Procurement Officer or delegatee;

(iv) Activities specified in a related policy of the Department; and

(v) Despite subsection (2)(c)(L)(i) through (iv) above, this Delegation by subsection (2)(c)(L) does not include:

(I) The Contract Administration of Department Price Agreements; or

(II) For Contracts procured by the Department on behalf of Agencies, Amendments when the amended value of Contract exceeds $250,000; and terminations of such Contracts when the amended value of such Contract exceeds $250,000.

(vi) A statewide Department Price Agreement should clearly state what, if any, threshold limitation applies to the delegated Authority to use the Price Agreement. If a Statewide Department Price Agreement is silent or unclear on the threshold limitation on the delegated Authority to use the Price Agreement, the Agency’s delegated Authority to use the Price Agreement is not to exceed $250,000, unless the Agency has Authority greater than $250,000 in a form in accordance with OAR 125-246-0165(4).

(d) Delegation by Rule Based Upon Type. By this Rule, the Director of the Department delegates Authority to the heads of all Authorized Agencies, subject to section (2)(a)(A) and (B), for the following Procurements, including Contract Administration:

(A) Emergency Procurements, in accordance with ORS 279B.080, 279C.335(5), OAR 125-248-0200, or related Rules;

(B) One-time, nonrepetitive Joint Cooperative Procurements in accordance with OAR 125-246-0400, provided that:

(i) No such Procurement results in a Permissive Cooperative Procurement that is open to any Agency outside of those Agencies jointly named in the original Procurement;

(ii) No such Procurement of Supplies and Services exceeds the Threshold of $250,000, including all Amendments, according to OAR 125-247-0805;

(iii) No such Procurement of Public Improvements exceeds $100,000, including Amendments according to OAR 125-249-0160 and 125-249-0910; and

(iv) The Authorized Agency must follow any related policy of the Department.

(C) Federal program Procurements not exceeding $250,000 or according to a delegation agreement with the State Chief Procurement Officer, and in accordance with ORS 279A.180 and related Rules;

(D) Client Services Special Procurements according to OAR 125-247-0288(1) and (2);

(E) Client Services procured under ORS 279B.055 through 279B.085 and related Rules, including all amendments according to OAR 125-247-0805;

(F) Renegotiations of Existing Contracts with Incumbent Contractors Special Procurements according to OAR 125-247-0288(3) and as follows: the Authorized Agency is limited to the same Authority delegated to that Agency with regard to the Original Contract and any Amendments and may not collectively exceed any Threshold related to its Authority to procure the Original Contract, except this limit may be exceeded with the prior Written approval of the State Chief Procurement Officer;

(G) Advertising Contracts Special Procurements according to OAR 125-247-0288(4);

(H) Equipment Repair and Overhaul Special Procurements according to OAR 125-247-0288(5);

(I) Contracts for Price Regulated Items Special Procurements according to OAR 125-247-0288(6);

(J) Investment Contracts Special Procurements according to OAR 125-247-0288(7);

(K) Food Contracts Special Procurements according to OAR 125-247-0288(8);

(L) Purchase of Used Personal Property according to OAR 125-247-0288(10);

(M) Reverse Auctions according to OAR 125-247-0288(11);

(N) Manufacturer direct Goods and Services according to OAR 125-247-0288(12);

(O) Urgent Personal Services Contract Needs according to OAR 125-247-0288(13);

(P) Special Procurements of General or Special Counsel Authorized by the Attorney General, according to OAR 125-247-0295;

(Q) Special Procurement(s) related to disaster response, according to OAR 125-247-0287;

(R) Architectural, Engineering, Photogrammetric Mapping, Transportation Planning or Land Surveying Services, and Related Services (A&E) Procurement according to OAR 125-248-0200 through 125-248-0340, in accordance with standards of training, certification, or experience approved by the State Chief Procurement Officer;

(S) Brand Name Specification Determinations for Solicitations in accordance with OAR 125-247-0691; and

(T) Brand Name Specification Determinations for Sole Source Procurements not exceeding $250,000 and according to OAR 125-247-0691.

(U) Selling or leasing of Supplies and Services in accordance with OAR 125-246-0800.

(V) Buy Decision in accordance with OAR 125-247-0200(1) and (2). The Agency’s delegated Authority to use each Priority Source in the Buy Decision is not to exceed $250,000, unless the Agency has Authority greater than $250,000 in a form in accordance with OAR 125-246-0165(4).

(3) Delegation to the State Chief Procurement Officer.

(a) Powers and Authorities. The Director of the Department delegates to the State Chief Procurement Officer the rights, powers and Authority vested in the Director of the Department to:

(A) Delegate and subdelegate these authorities in whole or in part according to ORS 279A.075;

(B) Approve Special Procurement requests, according to ORS 279B.085 and related Rules, and receive filed protests of approvals of Special Procurements, according to ORS 279B.400(1);

(C) Conduct hearings, approve agency Findings, approve exemption requests, and issue exemption orders, according to ORS 279C.335, ORS 279C.345, 279C.390, and related Rules;

(D) Create all procedures and Specifications required by the Public Contracting Code and these Rules;

(E) Receive, maintain, and act upon information contained in reports, including but not limited to ORS 279A.140(h) and 279C.355, as required by the Public Contracting Code and these Rules;

(F) Receive and resolve protests according to ORS 279B.400 to 279B.420 and Division 247 Rules, except for appeals from a decision of the State Chief Procurement Officer or delegatee;

(G) Receive notices, conduct hearings, and make decisions regarding prequalifications, debarments, and Disqualifications according to ORS 279A.110, 279B.425, 279C.450, 200.065(5), and 200.075(1), except for appeals from a decision of the State Chief Procurement Officer or delegatee;

(H) Approve expedited notices for Sole-Source Procurements according to OAR 125-247-0275;

(I) Procure and administer Cooperative Procurements and receive, hear, and resolve related protests and disputes, according to ORS 279A.200 through 279A.225 and OAR 125-246-0400;

(J) Approve General Service Administration federal programs or federal Contracts in accordance with OAR 125-246-0360;

(K) Authorize public notice of bids, proposals, and public improvement Contracts to be published electronically and according to ORS 279B.055(4)(c) and 279C.360(1);

(L) Approve the manner and character of retainage according to ORS 279C.560(1) and (5);

(M) Approve exemptions waiving or reducing the bid security or bonds for Public Improvement projects in accordance with ORS 279C.390(1);

(N) Approve electronic-filing (e-filing) in accordance with ORS 84.049, 84.052 and 84.064;

(O) Approve procurement-related activities required by other law;

(P) Establish standards of required education, training, professional experience, or a combination thereof pursuant to ORS 279A.159, approve programs or persons that satisfy the standards, and determine any disputes, or requests for exception or sub-delegation.

(Q) Approve requests for an exception to the prohibition on accepting a Bid or Proposal from a Contractor that advised or assisted a Contracting Agency to develop Specifications or Solicitation Documents according to ORS 279B.040; and

(R) Approve exceptions pursuant to 2021 Laws, Chapter 678 (HB 3011), Section 17 regarding qualified projects utilizing American Rescue Plan Act funds;

(S) Make. review, continue, amend, or rescind waiver findings and delegate duties in accordance with HB 3332, Chapter 541, (2023 Laws); and

(T) Other procurement actions of the Department specifically required by these Rules.

(b) Duties and Responsibilities of the State Chief Procurement Officer. The Authority, duties and responsibilities of the State Chief Procurement Officer are as follows:

(A) Conduct Procurements, including administration of Contracts, for Agencies.

(B) Develop and maintain State-wide Procurement rules, policies, procedures and standard procurement documents and contract terms and conditions as necessary to carry out the Public Contracting Code.

(D) Revoke Authority delegated by the State Chief Procurement Officer or in accordance with OAR 125-246-0165(10);

(E) Maintain a file of Written subdelegation Authority granted and revoked under these Rules in accordance with the law;

(F) Provide guidance and leadership on Procurement matters to Agencies and their employees;

(G) Establish standards of required education, training, or experience and provide training and instruction opportunities to assure Department staff and Agency staff are equipped with necessary knowledge and skills to comply with requirements of the Public Contracting Code, Rules, and Department policy related to Procurement;

(H) Monitor sourcing decisions, Procurements, development of Contracts, awarded Contract, Contract compliance, spend, Delegations, Special Procurements, exemptions, and exceptions. Report these matters to the Authorized Agency and Director as appropriate. Monitoring Contract development, awards, and compliance applies to all Delegations;

(I) Based upon monitoring described in subsection (3)(b)(H), determine opportunities, establish targets, and utilize methods according to ORS 279A.200 through 279A.220 and 279B.055 through 279B.085 to optimize savings consistent with strategic sourcing.

(J) Appoint procurement advisory committees to assist with Specifications, procurement decisions, and structural change that can take full advantage of evolving procurement methods as they emerge within various industries, while preserving competition according to ORS 279A.015.

(c) Delegation by Rule Based Upon Threshold. By this Rule, the Director of the Department delegates Authority to the State Chief Procurement Officer for the following Procurements, including Contract Administration:

(A) Small Procurements of Supplies and Services on behalf of Agencies not to exceed $25,000 according to ORS 279B.065;

(B) Intermediate Procurements of Supplies and Services greater than $25,000 and not exceeding $250,000, and Amendments of Contracts resulting from Intermediate Procurements, on behalf of Agencies and according to ORS 279B.070 and OAR 125-247-0270;

(C) Informal Selection procedures of Architectural, Engineering, Photogrammetric Mapping, Transportation Planning or Land Surveying Services, and Related Services, on behalf of Agencies and according to ORS 279C.110 and OAR 125-248-0210;

(D) Competitive Quotes of Public Improvements estimated not to exceed $100,000, according to ORS 279C.410 notes and OAR 125-249-0160; and

(E) All Procurements exceeding the Thresholds for Intermediate Procurements, Informal Procurements, or Competitive Quotes, according to ORS 279B.070 and OAR-125-247-0270 (Supplies and Services); ORS 279C.110 and OAR 125-248-0210 (Architectural, Engineering, Photogrammetric Mapping, Transportation Planning or Land Surveying Services, and Related Services); and ORS 279C.410 and OAR 125-249-0210 (Public Improvements), respectively.

(d) Delegation by Rule Based Upon Type. By this Rule, the Director of the Department delegates Authority to the State Chief Procurement Officer for the following Procurements, including Contract Administration:

(A) Cooperative Procurements in accordance with ORS 279A.200 through 279A.225 and OAR 125-246-0400;

(B) Special Procurements according to ORS 279B.085 and related Rules;

(D) Emergency Procurements in accordance with ORS 279B.080, 279C.335(5), OAR 125-248-0200, or related Rules;

(E) Federal program Procurements in accordance with ORS 279A.180 and OAR 125-246-0360;

(F) Architectural, Engineering, Photogrammetric Mapping, Transportation Planning or Land Surveying Services, and Related Services (A&E) Procurement according to OAR 125-248-0200 through 125-248-0340, in accordance with standards of training, certification, or experience approved by the State Chief Procurement Officer;

(G) Brand Name Specification Determinations for Solicitations in accordance with OAR 125-247-0691;

(H) Brand Name Specification Determinations for Sole Source Procurements according to OAR 125-247-0691;

(I) Selling or leasing of Supplies and Services in accordance with OAR 125-246-0800;

(J) All Procurements otherwise delegated to an Authorized Agency according to Section (2) if the State Chief Procurement Officer, at the State Chief Procurement Officer’s own discretion, revokes and assumes this delegated Authority, based upon a determination that any Authorized Agency refuses or fails to comply with any Delegation described in section (2); and

(K) Buy Decision in accordance with OAR 125-247-0200(1) and (2).

(4) Delegation to Independent Agencies.

(a) For purposes of this section, “Independent Agency” means an agency claiming Procurement Authority independent from the Procurement Authority of DAS.

(b) The Director of the Department delegates to Independent Agencies the same Authority with the same application as delegated to Authorized Agencies under OAR 125-246-0170, as if the Independent Agencies are Authorized Agencies, upon the following condition: when an Independent Agency exercises this delegated Authority, it must comply in that instance with the same DAS Rules applicable to an Authorized Agency.

(c) In relation to Independent Agencies, the Director of the Department delegates to the State Chief Procurement Officer those authorities described in OAR 125-246-0170(3) and the Public Contracting Code as they relate to Authorized Agencies.

History

Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070
Statutes/Other Implemented: ORS 279A.050, 279A.075 & 279A.140
DAS 5-2023, amend filed 12/29/2023, effective 01/01/2024
DAS 1-2023, amend filed 04/11/2023, effective 05/01/2023
DAS 6-2022, temporary amend filed 11/07/2022, effective 11/07/2022 through 05/05/2023
DAS 3-2018, amend filed 12/14/2018, effective 01/01/2019
DAS 2-2016, f. 12-22-16, cert. ef. 1-1-17
DAS 3-2014, f. 12-29-14, cert. ef. 1-1-15
DAS 4-2013, f. 12-17-13, cert. ef. 1-1-14
DAS 3-2012, f. 11-29-12, cert. ef. 12-1-12
DAS 11-2009, f. 12-30-09, cert. ef. 1-1-10
DAS 6-2008, f. & cert. ef. 7-2-08
DAS 5-2006, f. & cert. ef. 5-31-06
Reverted to DAS 9-2005, f. & cert. ef. 8-3-05
DAS 15-2005(Temp), f. & cert. ef. 12-22-05 thru 5-21-06
DAS 9-2005, f. & cert. ef. 8-3-05
DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05

Or. Admin. R. 125-246-0200 Affirmative Action; Limited Competition Permitted

(1) For purposes of this Rule:

(a) “Affirmative Action” is defined in ORS 279A.100 and means a program designed to ensure equal opportunity in employment and business for persons otherwise disadvantaged by reason of race, color, religion, sex, national origin, age or physical or mental disability or a policy to give a preference in awarding public contracts to disabled veterans.

(b) “Disabled veteran” has the meaning given that term in ORS 408.225.

(2) Pursuant to ORS 279A.100, an Authorized Agency may, in carrying out an Affirmative Action goal, policy or program, by appropriate ordinance, resolution or rule, limit competition for a Public Contract estimated to cost $50,000 or less, to contracting entities owned or controlled by persons described in subsection (1) of this Rule, including but not limited to OAR 125-246-0314 (disabled veterans), and in accordance with any policies and procedures established by the Department.

History

Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070
Statutes/Other Implemented: ORS 279A.100
DAS 5-2023, amend filed 12/29/2023, effective 01/01/2024
DAS 3-2018, amend filed 12/14/2018, effective 01/01/2019
DAS 2-2016, f. 12-22-16, cert. ef. 1-1-17
DAS 11-2009, f. 12-30-09, cert. ef. 1-1-10
DAS 6-2008, f. & cert. ef. 7-2-08
DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05

Or. Admin. R. 125-246-0210 Subcontracting to and Contracting with Emerging Small Businesses; Disqualification

(1) As set forth in ORS 279A.105, a Contracting Agency may require a Contractor to subcontract some part of a Contract to, or to obtain materials to be used in performing the Contract from:

(a) A business enterprise that is certified under ORS 200.055 as an Emerging Small Business; or

(b) A business enterprise that is:

(A) Certified under ORS 200.055 as an Emerging Small Business; and

(B) Is located in or draws its Workforce from economically distressed areas, as designated by the Oregon Business Development Department.

(2) For purposes of ORS 279A.105, a subcontractor certified under ORS 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 by the Oregon Business Development Department according to administrative rules adopted by the Oregon Economic and Community Development Department; or

(b) The Contractor certifies in 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 under the Contract, reside in an area designated as economically distressed by the Oregon Business Development Department according to administrative rules adopted by the Oregon Business Development Department. For the purposes of making the foregoing determination, the Contracting Agency must determine in each particular instance what proportion of a Contractor's subcontractor's employees or subcontractors constitutes a substantial number.

(3) Discrimination in Subcontracting Prohibited.

(a) Prohibition. An Offeror who competes for or is awarded a Public Contract may not discriminate against a subcontractor in the awarding of a subcontract because the subcontractor is a Minority-owned, Woman-owned, Veteran-owned, or Emerging Small Business Enterprise certified under ORS 200.055.

(b) Certification. Contracting Agencies must include in each Solicitation Document a requirement that Offerors certify in their Offers that the Offeror has not and will not discriminate, in violation of Subsection (3)(a), against a subcontractor in the awarding of a subcontract because the subcontractor is a Minority-owned, Woman-owned, Veteran-owned, or Emerging Small Business Enterprise certified under ORS 200.055.

(4) Disqualification.

(a) A Contracting Agency may disqualify a Person from consideration of award of the Contracting Agency's Contracts under ORS 200.065(5), or suspend a Person's right to bid on or participate in any Public Contract according to ORS 200.075(1) after providing the Person with notice and a reasonable opportunity to be heard in accordance with Subsections (d) and (e) of this Section.

(b) As provided in ORS 200.065 and 200.075 a Contracting Agency may disqualify or suspend a Person's right to submit an Offer or to participate in a Contract (e.g., act as a subcontractor) as follows:

(A) For a Disqualification under ORS 200.065, the Contracting Agency may disqualify a Person upon finding that the Person engaged in any of the activities made unlawful by ORS 200.065(1) or (2), or if the Person has been disqualified by another Contracting Agency according to ORS 200.065.

(B) For a Disqualification under ORS 200.075, the Contracting Agency may suspend a Person upon finding that the Person engaged in any of the acts prohibited by ORS 200.075(a) through (c).

(c) A Contracting Agency may disqualify or suspend a Person's right to submit Offers or participate in Public Contracts only for the length of time permitted by ORS 200.065 or 200.075, as applicable.

(d) The Contracting Agency must provide Written notice to the Person of a proposed Disqualification. The Agency must deliver the Written notice by personal service or by registered or certified mail, return receipt requested. This notice must:

(A) State that the Contracting Agency intends to disqualify or suspend the Person;

(B) Set forth the reasons for the Disqualification;

(C) Include a statement of the Person's right to a hearing if requested in Writing within the time stated in the notice and that if the Contracting Agency does not receive the Person's Written request for a hearing within the time stated, the Person must have waived the right to a hearing;

(D) Include a statement of the authority and jurisdiction under which the hearing will be held;

(E) Include a reference to the particular Sections of the statutes and rules involved;

(F) State the proposed Disqualification period; and

(G) State that the Person may be represented by legal counsel.

(e) Hearing. Upon the Contracting Agency’s receipt of the Person’s timely request, the Contracting Agency must promptly deliver written notification and this request to the Chief Procurement Officer. The Chief Procurement Officer must schedule a hearing upon its receipt of the Person's timely request. The Department must notify the Person of the time and place of the hearing and provide information on the procedures, right of representation and other rights related to the conduct of the hearing before the hearing. The Chief Procurement Officer has the discretion to delegate Authority under OAR 125-246-0170(3)(a)(G) and specify how the delegatee must review and hear Disqualifications.

History

Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070
Statutes/Other Implemented: ORS 279A.200.065, 200.075, 105 & 279A.110
DAS 5-2023, amend filed 12/29/2023, effective 01/01/2024
DAS 1-2023, amend filed 04/11/2023, effective 05/01/2023
DAS 6-2022, temporary amend filed 11/07/2022, effective 11/07/2022 through 05/05/2023
DAS 2-2016, f. 12-22-16, cert. ef. 1-1-17
DAS 3-2012, f. 11-29-12, cert. ef. 12-1-12
DAS 11-2009, f. 12-30-09, cert. ef. 1-1-10
DAS 5-2006, f. & cert. ef. 5-31-06
DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05

Or. Admin. R. 125-246-0220 Governor’s Policy Advisor for Economic and Business Equity

(1) The Governor’s Policy Advisor for Economic and Business Equity (formerly known as the “Director of Economic & Business Equity” and also known as the "Governor's Advocate's Office for Minority, Women and Emerging Small Business”) was created in the Office of the Governor, and the Governor’s Policy Advisor for Economic and Business Equity is the individual appointed by the Governor to advise the Governor, Legislature and Office of the Governor’s Policy Advisor for Economic and Business Equity on issues related to the integration of Minority-owned, Women-owned, Veteran-owned, and Emerging Small Businesses into the mainstream of the Oregon economy and business sector. The Governor’s Policy Advisor for Economic and Business Equity oversees the resolution of business concerns with Contracting Agencies impacting firms certified by the Certification Office for Business Inclusion and Diversity (COBID). Governor’s Policy Advisor for Economic and Business Equity is also charged with maintaining the Oregon Opportunity Register and Clearinghouse to facilitate the timely notice of business and contract opportunities to COBID certified.

(2) The Certification Office for Business Inclusion and Diversity (COBID) administers the certification process for the Disadvantaged Business Enterprise (DBE), Minority Business Enterprise (MBE), Women Business Enterprise (WBE), Emerging Small Business (ESB), and Veteran Business Enterprise (VBE) Programs. As the sole certification authority in Oregon for Disadvantaged, Minority-owned, Woman-owned, Veteran-owned, and Emerging Small Businesses, COBID provides certification services for Disadvantaged, Minority-owned, Woman-owned, Veteran-owned, and Emerging Small Businesses according to ORS 200.025 and 200.055.

(3) A "Disadvantaged Business Enterprise" means a small business concern which is at least 51 percent owned by one or more socially and economically disadvantaged individuals or, in the case of any corporation, at least 51 percent of the stock of which is owned by one or more socially and economically disadvantaged individuals and whose management and daily business operations are controlled by one or more of the socially and economically disadvantaged individuals who own it.

(4) An "Emerging Small Business" is a business with its principal place of business located in this State; a business with average annual gross receipts over the last three years not exceeding monetary limitations determined by the Certification Office for Business Inclusion and Diversity (COBID) annually based on the Consumer Price Index and has fewer than 29 employees; an independent business (not a subsidiary, affiliate, or successor company of another business whose average gross receipts would exceed the stated limits); and a business properly licensed and legally registered in this State.

(5) A "Minority or Women Business Enterprise" is a small business concern which is at least 51 percent owned by one or more minorities or women, or in the case of a corporation, at least 51 percent of the stock of which is owned by one or more minorities or women, and whose management and daily business operations are controlled by one or more of such individuals, according to ORS 200.005.

(6) A “Veteran-Owned Business” or “Veteran Business Enterprise”means a small business concern which is at least 51 percent owned by one or more service-disabled Veterans, or in the case of a corporation, at least 51 percent of the stock of which is owned by one or more service-disabled Veterans, and whose management and daily business operations are controlled by one or more of such individuals, according to ORS 200.005. . “Veteran” has the meaning given that term in ORS 200.005.

(7) The general policy of the Department and these Rules is to expand economic opportunities for Disadvantaged, Minority-owned, Woman-owned, Veteran owned, and Emerging Small Businesses by exposing them to contracting and subcontracting opportunities available through Public Contracts, according to ORS 279A.105 and based upon the Legislative findings set forth in ORS 200.015.

(8) Each State Contracting Agency, as defined by ORS 279A.010, must support the participation of DBEs, MBEs, WBEs, VBEs, and ESBs in its purchasing processes by notifying the Governor’s Policy Advisor for Economic and Business Equity as required under ORS 200.035.

(9) When a Public Improvement Contract is less than $100,000 and the Offerors are being drawn exclusively from a list of certified Emerging Small Businesses maintained by the COBID, the Contracting Agency may Contract without formal competitive sourcing methods after a good faith effort to obtain a minimum of three competitive Quotes from Emerging Small Businesses. To obtain maximum exposure for all firms and guard against favoritism, care must be taken to obtain Quotes from different firms each time the list is used. The Contracting Agency must keep a Written record of the source and amount of the Quotes received and comply with the applicable requirements of this Rule.

(10) In carrying out the policy of affirmative action, a Contracting Agency may rely upon ORS 279A.100 and advice of legal counsel regarding its application.

(11) No Special Procurement according to ORS 279B.085 and no exemption according to ORS 279C.335 approved by the State Chief Procurement Officer waives or excepts the requirement of notice to the Governor’s Policy Advisor for Economic and Business Equity in accordance with ORS 200.035 and any DAS policy.

(12) All State Contracting Agencies must comply with ORS 200.035 and applicable related Department statewide policy, notwithstanding the Public Contracting Code.

History

Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070
Statutes/Other Implemented: ORS 279A.100 & 279A.105
DAS 5-2023, amend filed 12/29/2023, effective 01/01/2024
DAS 3-2018, amend filed 12/14/2018, effective 01/01/2019
DAS 2-2016, f. 12-22-16, cert. ef. 1-1-17
DAS 3-2012, f. 11-29-12, cert. ef. 12-1-12
DAS 11-2009, f. 12-30-09, cert. ef. 1-1-10
DAS 5-2006, f. & cert. ef. 5-31-06
DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05

Or. Admin. R. 125-246-0230 Preference for Oregon Small Business Enterprises

(1) Purpose. This rule establishes a program for granting preferences to Oregon Small Business Enterprises (OSBEs) consistent with Oregon Laws 2025, Chapter 483. The purpose of the program is to attract, invite, and encourage OSBEs to participate in public Procurement. Purchasing from an OSBE strengthens Oregon’s economy, supports local jobs, and helps small businesses thrive.

(2) Definition. For purposes of this rule, “Oregon Small Business Enterprise” or “OSBE” means a business certified by the Oregon Business Development Department (Business Oregon) as an Oregon Small Business Enterprise pursuant to rules adopted by Business Oregon.

(3) Applicability. This rule applies to Authorized Agencies conducting Small Procurements and Intermediate Procurements. The requirements in this rule apply regardless of payment method (including payments made with a State P-Card of Oregon Transaction System (SPOTS) card).

(a) Small Procurements. When conducting a Small Procurement, Authorized Agencies must procure Supplies and Services from an OSBE if the Supplies or Services are available from an OSBE and meet the Authorized Agency’s needs. If the Supplies or Services are not available from an OSBE, then the Authorized Agency, when permitted by the Buy Decision Priority set forth in OAR 125-247-0200, may conduct a Small Procurement without consideration of whether it awards a Contract to an OSBE.

(b) Intermediate Procurement. When conducting an Intermediate Procurement that does not use a statewide Department Price Agreement, Authorized Agencies must solicit and consider Offers from three OSBEs, or the number of OSBEs that offer the type of Supplies or Services required by the Authorized Agency if fewer than three OSBEs offer those Supplies or Services. Offers from non-OSBEs may be solicited only if there are fewer than three OSBEs available or if the Offers from OSBEs do not meet the Authorized Agency’s needs.

(A) The requirement to solicit Offers from OSBEs is waived if a Written Solicitation is advertised and open to the global market through the State’s Electronic Procurement System.

(B) If the Intermediate Procurement includes a Written Solicitation, Authorized Agencies must ensure Solicitation Documents and other Electronic Advertisements provide notice of the OSBE preference described in Section 5 of this rule.

(4) Specifications. Authorized Agencies must ensure Specifications are designed to promote fair opportunities for OSBEs and meet the Authorized Agency’s needs.

(5) Evaluation. When evaluating scored Offers, Authorized Agencies must apply a preference to Offers submitted by OSBEs. The OSBE preference must be greater than 0% but may not exceed 10%.

(a) If the evaluation is based on price, an Authorized Agency must apply the OSBE preference by decreasing the price of any Offer submitted by an OSBE by a percentage determined by the Authorized Agency and described in the Solicitation. This price adjustment is for purposes of evaluation of the OSBE’s Offer only.

(b) If the evaluation is based on best value, an Authorized Agency must apply the OSBE preference by increasing the score of any Offer submitted by an OSBE by a percentage determined by the Authorized Agency and described in the Solicitation.

(d) If the Procurement does not involve scored Offers, Authorized Agencies must consider how purchasing from an OSBE strengthens Oregon’s economy and supports local jobs when determining which Offer will best meet the needs of the Authorized Agency and the State.

(6) Exemptions. The OSBE preference does not apply to:

(a) Amendments to Public Contracts or Amendments to Ordering Instruments;

(b) Procurements for which the OSBE preference is prohibited by federal or State law or funding requirements;

(c) Small Procurements for office supplies, information technology hardware or software (including cloud or online services), or vehicles;

(d) Procurements that use the statewide Department Price Agreements when permitted by the Buy Decision Priority set forth in OAR 125-247-0200; or

(e) Any Procurement governed by the provisions of ORS Chapter 279C and applicable administrative rule.

(7) Reporting. Authorized Agencies must report OSBE procurement activity at least twice per year, on dates established by the Department, using a Department reporting process.

(8) Sunset. This rule is repealed on December 31, 2031, unless extended by the Department.

History

Statutory/Other Authority: ORS 184.340, 279A.065(6)(a), 279A.070 & Or Laws 2025, ch 483
Statutes/Other Implemented: ORS 279B.065, 279B.070 & Or Laws 2025, ch 483
DAS 3-2026, adopt filed 06/16/2026, effective 07/01/2026

Or. Admin. R. 125-246-0300 Preference for Oregon Supplies and Services

See OAR 137-046-0300.

History

Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070
Statutes/Other Implemented: ORS 279A.120
DAS 3-2011, f. 12-22-11, cert. ef. 1-1-12
DAS 5-2006, f. & cert. ef. 5-31-06
DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05

Or. Admin. R. 125-246-0310 Reciprocal Preferences

(1) When evaluating Offers according to OAR 125-247-0255 through 125-247-0260, 125-249-0390 or 125-249-0640 through 125-249-0660, Authorized Agencies must add a percentage increase to the Offer of a Nonresident Offeror equal to the percentage, if any, of the preference that would be given to that Offeror in the state in which the Offeror resides. An Authorized Agency may rely on the list maintained by the Department according to ORS 279A.120(4) to determine:

(a) Whether the Nonresident Offeror’s state gives preference to in-state Offerors; and if so,

(b) The amount of such preference (Percentage).

(2) Authorized Agencies must add a percentage to the Offer that matches the Percentage described in Section (1) before determining Tie-Offers in accordance with OAR 125-246-0300.

History

Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070
Statutes/Other Implemented: ORS 279A.120
DAS 11-2009, f. 12-30-09, cert. ef. 1-1-10
DAS 6-2008, f. & cert. ef. 7-2-08
DAS 5-2006, f. & cert. ef. 5-31-06
DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05

Or. Admin. R. 125-246-0314 Veterans Preference

(1) Generally. The Public Contracting Code and these Rules may not be construed to prohibit an Authorized Agency from engaging in public contracting practices designed to promote affirmative action goals, policies or programs to give a preference in awarding Public Contracts to Veterans. In carrying out an affirmative action goal, policy or program, an Authorized Agency may limit competition for any Public Contract estimated to not exceed $50,000 to Veterans as defined in Section (2) (“Preference”).

(2) Definition “Veteran” has the meaning given that term in ORS 200.005.

(3) Establishing the Preference. In applying the Preference in section (1), the Authorized Agency may limit competition to Veterans or use a percentage for the Preference in a competitive procurement process. In either case, the process for a Contract may not exceed $50,000, and the Designated Procurement Officer of the Authorized Agency must make a written determination that supports the Preference.

(4) Subcontracting. An Authorized Agency may require a Contractor to subcontract some part of a Contract not to exceed $50,000 to, or obtain materials to be used in performing the Contract from, a Veteran.

(5) Discrimination. A Bidder or Proposer who competes for or is awarded a Public Contract may not discriminate against a subcontractor in awarding a subcontract because the subcontractor employs a Veteran or is a Veteran.

(6) Debarment or Disqualification.

(a) Finding and Appeal. An Authorized Agency may debar or disqualify a Bidder or Proposer (Offeror) under OAR 125-247-0575 or OAR 125-249-0370, if the Authorized Agency finds that the Offeror has violated Section (6). A debarred or disqualified Offeror may appeal under OAR 125-247-0750 or OAR 125-249-0370.

(b) Limitation. An Authorized Agency may not allege an occurrence of discrimination in subcontracting as a basis for debarring or disqualifying a Bidder or Proposer under Section (6) more than three (3) years after the alleged discriminatory conduct occurred or more than three (3) years after the Authorized Agency, in the exercise of reasonable diligence, should have discovered the conduct, whichever is later.

(7) Certification. An Offeror must certify in the documents accompanying its Offer that the Offeror has not discriminated and will not discriminate against a Veteran or a subcontractor that employs a Veteran in obtaining a required subcontract.

(8) Violation. After a Contractor is awarded a Public Contract and if the Contractor violates the certification made under Section (8), the Authorized Agency may regard the violation as a major breach of contract that permits the Authorized Agency to:

(a) Terminate the Contract; or

(b) Exercise any of the remedies for breach of contract that are reserved in the Contract.

History

Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070
Statutes/Other Implemented: ORS 279A.100
DAS 5-2023, amend filed 12/29/2023, effective 01/01/2024
DAS 3-2018, amend filed 12/14/2018, effective 01/01/2019
DAS 11-2009, f. 12-30-09, cert. ef. 1-1-10

Or. Admin. R. 125-246-0316 Lighting Preference Relating to Mercury

Authorized Agencies must comply with ORS 646A.566, including but not limited to:

(1) When making procurement decisions on lighting that contains mercury, an Agency must:

(a) Request information from potential suppliers on mercury content, energy use, lumen output and lighting lifetime;

(b) Issue specifications; and

(2) After consultation with the Department of Environmental Quality, the State Chief Procurement Officer may direct Agencies to use information and issue specifications to favor lighting in accordance with (1), and Agencies must follow the directions, if any.

History

Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070
Statutes/Other Implemented: ORS 646A.566
DAS 5-2023, amend filed 12/29/2023, effective 01/01/2024
DAS 3-2014, f. 12-29-14, cert. ef. 1-1-15
DAS 3-2012, f. 11-29-12, cert. ef. 12-1-12

Or. Admin. R. 125-246-0318 Oregon Employment Preference

Authorized Agencies must comply with ORS 279B.112, including but not limited to the following requirements for a discretionary preference:

(1) An Authorized Agency may give a preference to an Offer including a personnel deployment disclosure form (Disclosure Form) that states that the Offeror will employ more workers within Oregon than a competing Offer if the Offers otherwise suit the Agency’s specifications for the procurement equally well.

(2) The Agency may state in the solicitation documents for any procurement (Solicitation) that the Agency will consider a Disclosure Form and may give a preference described in section (1) above. Then,

(a) An Offeror may submit a Disclosure Form with its Offer;

(b) If the Agency determines that the Offers suit the Agency’s specifications for the procurement equally well, then the Agency may consider any Disclosure Forms submitted with those Offers in evaluating the Offers; and

(c) The Agency may prefer the Offer with a Disclosure Form that indicates that the Offeror will employ more workers within Oregon than a competing Offer, with or without Disclosure Form information.

(3) The Disclosure Form submitted by an Offeror must state:

(a) The number of workers that the Offeror and its subcontractors plan to deploy to perform the work described in the Solicitation;

(b) The number of workers that the Offeror and its first-tier subcontractors will employ within Oregon; and

(c) The number of jobs in each of the categories described in subsections (3)(a) and (b) that would be a newly created job.

(4) The Agency may adopt its own form and contents for the Disclosure Form, unless the State Chief Procurement Officer requires Agencies to use an approved form and contents of the Disclosure Form.

(5) The Agency may:

(a) Verify the information stated in the Disclosure Form before awarding a public contract; and

(b) Require that the contractor maintain a minimum number of workers and jobs over the term of the contract.

History

Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070
Statutes/Other Implemented: ORS 279B.112
DAS 5-2023, amend filed 12/29/2023, effective 01/01/2024
DAS 3-2014, f. 12-29-14, cert. ef. 1-1-15
DAS 3-2012, f. 11-29-12, cert. ef. 12-1-12

Or. Admin. R. 125-246-0319 Federally Funded Transit Projects — Preference for Exceeding Federal Buy America Requirements

See OAR 137-046-0330.

History

Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070
Statutes/Other Implemented: Sec. 4, Ch. 52 & OLs 2012
DAS 3-2012, f. 11-29-12, cert. ef. 12-1-12

Or. Admin. R. 125-246-0320 Recycling; Definitions

(1) "Post-consumer Waste" means a finished material that would normally be disposed of as solid waste, having completed its life cycle as a consumer item. "Post-consumer Waste" does not include manufacturing waste.

(2) "Recycled Material" means any material that would otherwise be a useless, unwanted or discarded material except for the fact that the material still has useful physical or chemical properties after serving a specific purpose and can, therefore, be reused or recycled.

(3) "Recycled PETE Product" means a product containing post-consumer polyethylene terephthalate material.

(4) "Secondary Waste Materials" means fragments of products or finished products of a manufacturing process that has converted a virgin resource into a commodity of real economic value, and includes post-consumer waste, but does not include excess virgin resources of the manufacturing process. For paper, "secondary waste materials" does not include fibrous waste generated during the manufacturing process such as fibers recovered from waste water or trimmings of paper machine rolls, mill broke, wood slabs, chips, sawdust or other wood residue from a manufacturing process.

History

Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070
Statutes/Other Implemented: ORS 279A.125, 279A.145, 279A.150, 279B.270 & 279B.280
DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05

Or. Admin. R. 125-246-0321 Recycling Policy

(1) The Department promotes the Procurement by all Authorized Agencies of products made from Recycled Materials in accordance with ORS 279A.125 and 279B.270.

(2) When purchasing Goods, or pursuant to Subsection (2)(c), Personal Services that relate to the use of recovered resources and Recycled Materials, Authorized Agencies must:

(a) Review the procurement Specifications currently utilized in order to eliminate, wherever economically feasible, discrimination against the Procurement of recovered resources or Recycled Materials;

(b) Develop purchasing practices that, to the maximum extent economically feasible, assure purchase of materials which are recycled or which may be recycled or reused when discarded. The Department will make Recycled Products and materials available to Authorized Agencies whenever they can be obtained;

(c) Provide incentives for the maximum possible use of recovered resources and Recycled Materials, wherever economically feasible, in all procurement Specifications issued.

(3) Pursuant to ORS 279A.125, notwithstanding provisions of law requiring the Department to award a Contract to the lowest or best Offeror, the Department must give preference to the procurement of Goods manufactured from Recycled Materials, if the Recycled Product's costs do not exceed the costs of nonrecycled products by more than 5%, or a higher percentage if a Written determination is made by the Department . The requirements of ORS 279A.125 may be applied to Authorized Agencies by agreement or policy of the Department.

(4) The Offeror must indicate in the Offer, the materials considered relevant to the 5% preference. The 5% preference will only apply to the value of that portion of the Offer that offers non-paper products containing verifiable recycled contents.

(5) All Contracts must require Contractors to use, in the performance of the Contract Work, to the maximum extent economically feasible, Recycled Paper;

(a) All Contracts must require Contractors to use, in the performance of the Contract Work, to the maximum extent economically feasible, recycled PETE products, as well as other recycled plastic resin products. "Recycled PETE products" means a product containing post-consumer polyethylene terephthalate material. The Department must provide guidelines to Authorized Agencies and Contractors on the availability of necessary Goods that contain recycled PETE, as well as other recycled plastic resin supplies and materials; the Department must also identify suppliers able to provide necessary Goods containing recycled PETE, as well as other recycled plastic resin supplies and materials, pursuant to ORS 279A.150.

(b) All Authorized Agencies must include the following language in any Invitation to Bid or Request for Proposal: "Vendors must use recyclable products to the maximum extent economically feasible in the performance of the contract Work set forth in this document," pursuant to ORS 279B.270(2); and

(c) The Department must include Recycled Product purchasing information within publications and training programs provided to local governments requesting state government purchasing assistance, pursuant to ORS 279A.145.

History

Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070
Statutes/Other Implemented: ORS 279A.125, 279A.145, 279A.150, 279B.270 & 279B.280
DAS 3-2012, f. 11-29-12, cert. ef. 12-1-12
DAS 5-2006, f. & cert. ef. 5-31-06
DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05

Or. Admin. R. 125-246-0322 Preference for Recycled Materials

(1) Notwithstanding provisions of law requiring an Authorized Agency to award a Contract to the lowest or best Offer of a Provider, and in accordance with ORS 279A.125 and Subsection (2) of this Section, an Authorized Agency charged with the Procurement of Goods for any public use must give preference to the Procurement of Goods manufactured from Recycled Materials whenever the Authorized Agency uses Competitive Sealed Bidding or Competitive Sealed Proposals pursuant to ORS 279B.055 or 279B.060, respectively, and as set forth in this Rule.

(2) In comparing Goods from two or more Offerors, if at least one Provider offers Goods manufactured from Recycled Materials and at least one Provider does not, an Authorized Agency must select the Provider offering Goods manufactured from Recycled Materials if each of the following four conditions exists:

(a) The Recycled Product is available;

(b) The Recycled Product meets applicable standards;

(d) The Recycled Product's costs do not exceed the costs of non-recycled products by more than five percent (5%), or a higher percentage if a Written determination is made by the Authorized Agency and set forth in the Solicitation Document.

When making this determination, the Authorized Agency must consider the costs of the Goods following any adjustments the Authorized Agency makes to the price of the Goods after evaluation pursuant to OAR 125-246-0310.

(3) For the purposes of this Section, an Authorized Agency must determine if Goods are manufactured from Recycled Materials in accordance with standards established by the Department .

(4) Providers must certify in their Offers:

(a) The minimum, if not exact, percentage of Recycled Product in all materials and supplies offered; and

(b) Both the post-consumer and secondary waste content thereof. Providers may certify a zero percent Recycled Product content. This certification applies to Public Improvement products and all other Procurements.

(5) To be eligible for a preference under ORS 279A.125 and this Rule:

(a) The Provider must indicate which materials and supplies contain verifiable recycled content; and

(b) Such products must meet the requirements of ORS 279A.125 and this Rule.

(6) A preference under ORS 279A.125 will only be applied to those products in the Offer that contain verifiable recycled content.

(7) Offers that contain false information about:

(a) The percentage of Recycled Product, post-consumer and secondary waste content; or

(b) Verifiable recycled content, must be rejected as nonresponsive, and the Provider offering false information may be deemed non-responsible.

(8) Contracts awarded as a result of a preference under ORS 279A.125 are subject to such investigation, including but not limited to, audits, plant visitations, examination of invoices, laboratory analysis, and other documents, etc., as the Department deems necessary to confirm that the products supplied therein contain the percentages of Recycled Product, post-consumer and secondary waste stated in the Offer.

(9) Failure to provide products containing the percentages of Recycled Product, post-consumer and secondary waste stated in the Offer may result in:

(a) The Provider reimbursing the State for the portion of the Contract Price that is attributable to the preference applied under ORS 279A.125;

(b) Contract termination; or

History

Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070
Statutes/Other Implemented: ORS 279A.125
DAS 3-2012, f. 11-29-12, cert. ef. 12-1-12
DAS 5-2006, f. & cert. ef. 5-31-06
DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05

Or. Admin. R. 125-246-0323 Recycled Paper and Paper Products

(1) The Department promotes the use of Recycled Paper and paper products, and no less than 35% of Authorized Agency Procurements of paper products may be from Recycled Paper Products, pursuant to ORS 279A.155.

(2) The Department must make available to Agencies paper and paper products that contain significant quantities of Recycled Materials in all grades where it can be obtained. The Department and Authorized Agencies must purchase Recycled Paper and paper products when the cost of such Recycled Paper or paper products is no more than five (5%) higher than the cost of the same quality paper or paper products containing little or no Recycled Paper. The Department and Authorized Agencies must give a preference of up to five percent (5%) pursuant to ORS 279A.125(2), to suppliers of Recycled Paper and paper products, over the lowest price of non Recycled Paper and paper products if the fitness and quality of the Recycled Paper content paper meet Specification requirements and the type of Recycled Paper content is equivalent to the same type of virgin material.

(3) Except as provided in this Rule and regardless of cost, the Department must make Recycled Paper and paper products available to Authorized Agencies through a Recycled Paper agreement. Authorized Agencies that find it economically feasible to exceed the incentive in Section (2) of this Rule for Recycled Paper may do so either by use of agreements for Recycled Paper or by indicating on their purchase request the percentage of Recycled Paper incentive, which is economically feasible for them.

History

Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070
Statutes/Other Implemented: ORS 279A.125 & 270A.155
DAS 3-2012, f. 11-29-12, cert. ef. 12-1-12
DAS 5-2006, f. & cert. ef. 5-31-06
DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05

Or. Admin. R. 125-246-0324 Recycling: Food Service and Food Packaging

(1) The Department promotes the use of recyclable or biodegradable products for food service and packaging.

(2) The five percent (5%) preference in ORS 279A.125(2) must apply to purchases of Recycled Products for food service and packaging that are not paper products. The minimum purchase in ORS 279A.155 of at least thirty-five percent (35%) must apply to purchases of Recycled Products for food service and food packaging that are 100% paper or paper products.

(3) Recyclable or Biodegradable Products for food service and packaging will be made available for purchase by Authorized Agencies.

(4) Authorized Agencies are required to purchase recyclable or biodegradable food service and packaging products when purchasing supplies.

(5) The Department must include a provision in all food service Contracts and extensions to such Contracts, requiring the use of recyclable or biodegradable food service products when such products are readily available, meaning deliverable within thirty (30) days of placement of an order by the food service Contractor to its supplier. This period of time may be less or more, as industry standards for various commodities indicate.

(6) The Department must encourage its suppliers to provide biodegradable or Recycled Products as substitutes.

(7) The Department must use best efforts to obtain and use biodegradable or Recyclable Products as substitutes for products that are non-biodegradable or non-recyclable.

History

Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070
Statutes/Other Implemented: ORS 279A.125 & 270A.155
DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05

Or. Admin. R. 125-246-0330 Supplier Requirements

(1) Requirements to Transact Business in Oregon.

(a) A Contractor who is a corporation, partnership, or who has an assumed business name must be registered with the Secretary of State Office in accordance with ORS Chapters 58, 60, 62, 63, 65, 67, 70, and 648. This registration is the obligation of the Contractor, not the Agency.

(b) In addition, for Contracts requiring the services of one or more architects, engineers, and land surveyors, these Consultants must be registered with the appropriate licensing boards under the provisions of ORS 671.020, 672.020, and 672.025.

(c) The statutory requirements for contracting firms to register with the Secretary of State’s Office may be subject to a limited number of exceptions under federal law. For example, national banks, when they contract with Authorized Agencies, are not subject to the registration requirement.

(d) The Contractor or Consultant must be registered at the time of the execution of the Contract and during the entire term of the Contract.

(2) Tax Compliance.

(a) No Contract or other agreement for more than $1,000 may be entered into, renewed or extended with any Person unless the Person certifies in Writing, under penalty of perjury, that the Person is not in violation of any tax laws in accordance with ORS 305.380(4), and 305.385(6) and (7).

(b) Agency must determine that a Bidder or Proposer is responsible under ORS 279B.110, OAR 125-247-0500 and 125-247-0640. In order to make this determination, a Bidder or Proposer must demonstrate to the Agency that the Bidder or Proposer has complied with the tax laws of this state or a political subdivision of this state, including ORS 305.620 and ORS chapters 316, 317 and 318, any tax provisions imposed by a political subdivision that apply to the Offeror or to the performance of the Contract, and any rules and regulations that implement or enforce those tax laws. The Bidder or Proposer must demonstrate compliance by attesting in Writing, that the Bidder or Proposer has complied with the tax laws of this state or a political subdivision of this state, including ORS 305.620 and ORS chapters 316, 317 and 318, any tax provisions imposed by a political subdivision that apply to the Offeror or to the performance of the Contract, and any rules and regulations that implement or enforce those tax laws. (Attestation).

(A) Agency may determine which Bidder or Proposer must submit an Attestation and the timing and manner of the submittal.

(B) Agency may allow the Bidder or Proposer to electronically transmit the Attestation, and Agency may maintain the electronically transmitted Attestation in lieu of the original Attestation.

(C) A Contracting Agency may exercise discretion in determining whether a particular form of attesting to compliance with the tax laws is “credible and convenient” under ORS 279B.110(2)(e), taking into consideration the circumstances in which the Attestation is made and the consequences of making a false Attestation. Therefore, a Contracting Agency may find acceptable forms of Attestation that range from a notarized statement to a less formal document that records the Offeror’s Attestation. However, State Contracting Agencies may not accept the certificate of compliance with tax laws required by ORS 305.385 unless that certificate embraces, in addition to the tax laws described in ORS 305.380, the tax laws of political subdivisions.

(D) An Attestation attests to the Bidder or Proposer’s current compliance with tax laws. During the period Bidder or Proposer is in compliance, a Bidder or Proposer may submit a copy of the same Attestation to multiple Agencies or for multiple Invitations to Bid or Requests for Proposals, and an Agency is not required to obtain a new original Attestation from a Bidder or Proposer for each Procurement.

(E) The Bidder or Proposer is responsible for determining whether the Bidder or Proposer is in compliance with tax laws. If applicable, compliance with tax laws may not require payment of taxes.

(3) Net Neutrality.

(a) Definitions. For purposes of this section, the following terms are defined in Oregon Laws 2018, Chapter 88 (HB 4155) and mean:

(A) “Broadband Internet access service”:

(i) A mass-market retail Internet access service provided by wire or radio that enables a person to transmit data to or receive data between the person’s customer premises equipment, including mobile devices, and all, or substantially all, Internet endpoints;

(ii) Any service that the Public Utility Commission finds is providing a service that is the functional equivalent of the service described in sub-subparagraph (i) of this subparagraph; or

(iii) Any service that is incidental to or that enables the operation of the service described in sub-subparagraph (i) of this subparagraph.

(B) “Broadband Internet access service” does not include dial-up Internet access service.

(C) “Broadband Internet access service provider” means a person or Public Body that provides broadband Internet access service.

(D) “Content, applications or services” means all traffic transmitted to or from end users of a broadband Internet access service.

(E) “Edge provider” means any person that provides content, applications or services over the Internet, and any person that provides a device used for accessing content, applications or services over the Internet.

(F) “End user” means any person that uses a broadband Internet access service.

(G) “Fixed broadband Internet access service” means broadband Internet access service that serves end users primarily at fixed endpoints using stationary equipment, including fixed satellite services and licensed and unlicensed fixed wireless services.

(H) “Mobile broadband Internet access service” means broadband Internet access service that serves end users primarily using mobile stations.

(I) “Nonharmful device” means a device the Public Utility Commission determines by rule to be nonharmful to broadband Internet access services.

(J) “Paid prioritization” means a broadband Internet access service provider’s management of its network to directly or indirectly favor some traffic over other traffic, including through traffic shaping, prioritization, resource reservation or other forms of preferential traffic management, either in exchange for consideration from a third party or to benefit an affiliated entity.

(K) “Public Body” is defined in ORS 174.109, and means state government bodies, local government bodies, and special government bodies.

(b) Except as provided in subsection (d) below, no Public Body, as defined in ORS 174.109, may contract with, or enter into a renewal or extension of an existing contract with, a broadband internet access service provider that, at any time on or after January 1, 2019:

(A) Engages in paid prioritization;

(B) Blocks lawful content, applications or services or nonharmful devices;

(C) Impairs or degrades lawful Internet traffic for the purpose of discriminating against or favoring certain Internet content, applications or services or the use of nonharmful devices;

(D) Unreasonably interferes with or unreasonably disadvantages an end user’s ability to select, access and use the broadband Internet access service or lawful Internet content, applications or services or devices of the end user’s choice; or

(E) Unreasonably interferes with or unreasonably disadvantages an edge provider’s ability to make devices or lawful content, applications or services available to end users.

(c) For the purposes of this Rule, a Public Body contracts with a broadband internet access service provider if the Public Body procures, or provides funding for the procurement of, broadband internet access service, including fixed broadband internet access service or mobile broadband internet access service, from the broadband internet access service provider.

(d) Notwithstanding subsection (b) of this Rule, a Public Body may contract with a broadband internet access service provider that:

(A) Is the sole provider of fixed broadband internet access service to the geographic location subject to the contract;

(B) Engages in any of the activities described in subsection (3)(b) of this Rule in the process of addressing copyright infringement or other unlawful activity or the needs of emergency communications, law enforcement, public safety or national security authorities;

(C) Engages in paid prioritization if the Public Utility Commission determines that the broadband Internet access service provider’s paid prioritization provides significant public interest benefits and does not harm the open nature of the provided broadband Internet access service;

(D) Engages in any activities described in subsection (3)(b) to (d) of this section if the Public Utility Commission determines that the broadband Internet access service provider’s engagement in the activity is reasonable network management. An activity is reasonable network management if the activity:

(i) Has a technical network management justification;

(ii) Does not include other business practices; and

(iii) Is narrowly tailored to achieve a legitimate network management purpose, taking into account the particular network architecture and technology of the broadband Internet access service; or

(E) Engaged in any of the activities described in subsection (b) of this section at any time on or after January 1, 2019 if:

(i) The broadband Internet access service provider certifies in a Signed Writing that it has ceased engaging in all of the activities described in subsection (b) of this section; and

(ii) The Public Utility Commission determines that allowing a Public Body to contract with the broadband Internet access service provider provides significant public interest benefits.

(e) A broadband Internet access service provider engaged in the provision of broadband Internet access service to a Public Body must publicly disclose information regarding the provider’s network management practices and performance characteristics and the commercial terms of the provider’s broadband Internet access service sufficient for end users to verify that the service is provided in compliance with Oregon Laws 2018, Chapter 88 (HB 4155), applicable Public Utility Commission rules, and this Rule.

(f) The Legislative Assembly has directed the Public Utility Commission to specify, by rule, the manner and form in which provider disclosures must be made.

(g) A broadband Internet access service provider that is engaged in or may engage in the provision of broadband Internet access service to a Public Body must certify in a Signed Writing that it is in compliance with Oregon Laws 2018, Chapter 88 (HB 4155) and applicable Public Utility Commission rules, and will remain in compliance throughout the term of the Public Body Contract.

(4) Debt Collection.

(a) Definitions. For purposes of this section:

(A) "State Agency" means any agency within the Executive Department as defined in ORS 174.112, other than the Oregon Secretary of State, Oregon State Treasury, Oregon Department of Justice, and Oregon Bureau of Labor and Industries.

(B) "Liquidated Debt" is defined in the Oregon Accounting Manual number 35.30.30.

(b) State Agencies must consider, where appropriate, Liquidated Debt and Delinquent Debt owed to the State when evaluating vendors on state Price Agreements, when issuing Purchase Orders or similar ordering documents, or when entering into new Contracts with vendors when the Contract value exceeds $150,000, to the extent not prohibited by law.

(c) State Agencies, to the extent not prohibited by law, must include in Public Contracts provisions that allow State Agencies to recoup Liquidated Debt and Delinquent Debt owed by vendors to any State Agency.

(d) Subject to policies established by DAS, State Agencies must make efforts to recover Liquidated Debt and Delinquent Debt from entities to which State Agencies are remitting significant payments.

(5) Protected Class Pay Equity Law.

(a) Any person employing one or more employees must comply with ORS 652.210 and 652.220, and may not discriminate on the basis of any protected class.

(b) Every Public Contract subject to ORS 279B or 279C must provide that: the Contractor must comply with ORS 652.220, that compliance is a material element of the Contract and that a failure to comply is a breach that entitles the Contracting Agency to terminate the Contract for cause.

(c) As used in this subsection: “Protected class” is defined by ORS 652.210 and means a group of persons distinguished by race, color, religion, sex, sexual orientation, national origin, marital status, veteran status, disability or age.

(6) Gender Pay Equity Certificate. An Offeror in any State Contracting Agency procurements must demonstrate to the Agency that the Offeror possesses an unexpired certificate, issued by the Oregon Department of Administrative Services in accordance with ORS 279A.167, if the Offeror employs 50 or more full-time workers at the time of the Closing and the estimated Contract price exceeds $500,000. Unless the certificate provides otherwise, the certificate shall be unexpired for a period of three years from the date issued.

(7) If an Offeror, at or before the execution of the Public Contract, demonstrates that the Offeror possesses an unexpired certificate, issued by the Oregon Department of Administrative Services in accordance with ORS 279A.167, this shall satisfy both subsections (5) and (6) of the rule.

(8) Policy And Practice Preventing Sexual Harassment, Sexual Assault And Discrimination Against Members of a Protected Class; Notice; Exceptions.

(a) Except as provided in subsection (4)(f) of this Rule, no State Contracting Agency may enter into a Public Contract with an anticipated Contract Price, including all amendments, of $150,000 or more, with a prospective Contractor unless that Contractor certifies in a Signed Writing that the prospective Contractor has a policy and practice of preventing:

(A) sexual harassment;

(B) sexual assault; and

(b) The Contractor’s policy and practice must include, at a minimum:

(A) A Written notice to each employee that clearly prohibits and specifies disciplinary measures for conduct that constitutes sexual harassment, sexual assault, or discrimination against a member of a protected class;

(B) A clear process that:

(i) Enables an employee that experiences or witnesses conduct that constitutes sexual harassment, sexual assault or discrimination against a member of a protected class to report and stop the conduct; and

(ii) Guides the prospective Contractor in responding to the report, resolving the issues identified in the report, and disciplining employees who engage in prohibited conduct;

(C) A regular Written procedure for submitting a report that identifies the specific individuals to whom an employee may submit the report and the individuals who have responsibility for resolving issues identified in the report;

(D) A practice of treating as confidential, to the extent permitted by law, any report that an employee makes under the Contractor’s policy and practice;

(E) A prohibition against retaliating against an employee who experiences; witnesses, or reports, conduct that constitutes sexual harassment, sexual assault or discrimination against a member of a protected class;

(F) A prohibition against discrimination in providing benefits to an employee or a dependent of the employee based on the employee’s membership in a protected class or the membership of the employee’s dependent in a protected class; and

(G) A prohibition on denying benefits to an employee or a dependent of the employee based solely on the employee’s gender identity or the gender identity of the employee’s dependent, if the prospective Contractor provides health insurance or health care benefits.

(c) A prospective Contractor may provide the required Written notice by means of a printed or electronic employee handbook.

(d) The Department may develop and make available on the Department’s website an electronic template or other guidance for prospective Contractors in meeting these notice requirements. The Department may provide suggested language, forms, or other guidance to help enable prospective Contractors to satisfy the requirements of this Rule, or may approve any part or all of a Contractor’s policy and practice that the Department may determine meets the requirements of this Rule.

(e) A Public Contract with a Contract Price of $150,000 or more must include as a material term of the Public Contract that the Contractor certify in Writing:

(A) that the Contractor has a policy and practice that meets the requirements of this Rule, and

(B) that the Contractor will maintain the policy and practice in force during the entire term of the Public Contract.

(f) A State Contracting Agency may enter into a Public Contract described in this Rule with a prospective Contractor that has not provided the Written certification if:

(A) The State Contracting Agency conducted the procurement under ORS 279B.075, 279B.080 or 279B.085; or

(B) Only one prospective Contractor submitted a bid or proposal in response to the State Contracting Agency’s solicitation.

(g) As used in this subsection:

(A) “Discrimination” means conduct that has the purpose or effect of creating employment conditions for an individual that are intimidating, hostile or offensive or that show animosity, resentment, anger, prejudice or ill will to others primarily because of the individual’s identification with or membership in a protected class.

(B) “Protected class” means a group of people that state or federal law protects from employment discrimination including, but not limited to, a group in which membership depends on an ascribed association or identification, or an individual’s voluntary association or identification with other individuals, on the basis of one or more of these characteristics:

(i) Race, color or ethnicity;

(ii) National origin;

(iii) Sex;

(iv) Gender, including actual or perceived gender identity;

(v) Sexual orientation;

(vi) Disability;

(vii) Age;

(viii) Marital status; or

(ix) Religion.

(D) “Sexual harassment” means:

(i) A request or demand for sexual favors in an implicit or explicit exchange for an employment-related benefit or as a means of avoiding an employment-related detriment; or

(ii) Unwelcome conduct of a sexual nature that has the purpose or effect of interfering with a person’s ability to perform job duties or that creates an intimidating, offensive or hostile work environment.

History

Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070
Statutes/Other Implemented: ORS 279A.167, 279A.140, 279B.110(1), 279C.105(1), ORS 279A.112, Or Laws 2018, ch 88 (HB 4155) & Governor's Executive Order 17-09
DAS 3-2019, amend filed 12/23/2019, effective 01/01/2020
DAS 3-2018, amend filed 12/14/2018, effective 01/01/2019
DAS 4-2017, amend filed 12/28/2017, effective 01/01/2018
DAS 4-2015, f. 12-29-15, cert. ef. 1-1-16
DAS 3-2014, f. 12-29-14, cert. ef. 1-1-15
DAS 11-2009, f. 12-30-09, cert. ef. 1-1-10
DAS 6-2008, f. & cert. ef. 7-2-08
DAS 5-2006, f. & cert. ef. 5-31-06
DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05

Or. Admin. R. 125-246-0333 Independent Contractors

(1) An Authorized Agency may, within the limits of its delegation under OAR 125-246-0170 and its legislatively approved budget, Contract for Services with Providers who are Independent Contractors.

(2) "Independent Contractor" means a Person who provides services to an Authorized Agency in which the Authorized Agency neither controls nor has the right to control the means or manner by which Work is performed. The Authorized Agency may control the results of the services, but not control the means or manner of Contractor's performance of the Work.

(3) Within the parameters of employment, Workers' compensation, and other relevant state and federal laws, and after determining that the contract will not violate any collective bargaining agreements, an Authorized Agency may contract for Services when:

(a) The Work cannot be done in a reasonable time with the Authorized Agency's own Workforce;

(b) An independent and impartial evaluation is required; or

(4) The Authorized Agency may not use Services Contracts to obtain and pay for the services of an employee. If a Contractor is not an Independent Contractor, the Authorized Agency may not enter into a Services Contract with the Contractor; instead, the Authorized Agency must follow personnel policies for employment options.

(5) Independent Contractor Status. The Authorized Agency must develop a Statement of Work for Services, including Architectural, Engineering, Photogrammetric Mapping, Transportation Planning or Land Surveying Services, and Related Services, that will not result in an employee relationship with the potential Contractor. Contractors must complete the Independent Contractor Certification either as a contract provision or on a form approved by the State Chief Procurement Officer (Independent Contractor Certification). If the Contractor cannot certify Independent Contractor status, the Authorized Agency may not contract with the Contractor using a Services Contract, including Architectural, Engineering, Photogrammetric Mapping, Transportation Planning or Land Surveying Services, and Related Services, except as otherwise allowed in Subsection (5)(f) of this Rule:

(a) An Independent Contractor Certification must be part of each Contract;

(b) If the Contractor is a corporation, the Independent Contractor Certification is still required.

(c) If the nature of the Services or project is such that an employee/employer relationship will exist, the Authorized Agency must hire the individual through normal personnel procedures.

(d) The Contract must include the Contractor's legal name and address. Either the Contract or a separate cover sheet for the Contract must include the Contractor’s Social Security or federal tax identification number.

(e) The Contract must provide that the Contractor is responsible for federal Social Security, except those categories excluded by law, and for any federal or state taxes applicable to the contract payment.

(f) When a Contractor cannot certify that the Contractor meets the definition of “independent contractor,” is customarily engaged in an independently established business, and meets at least three of the requirements for such a business in accordance with ORS 670.600, then the Authorized Agency may contract with the Contractor only if the Designated Procurement Officer of the Authorized Agency approves the Contract upon a determination that the Contractor is an Independent Contractor and the Contract will not result in undue risk to the State.

(g) For compliance with the tax laws in accordance with ORS 279B.110, see OAR 125-246-0330.

History

Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070
Statutes/Other Implemented: ORS 279A.140
DAS 5-2023, amend filed 12/29/2023, effective 01/01/2024
DAS 3-2014, f. 12-29-14, cert. ef. 1-1-15
DAS 3-2012, f. 11-29-12, cert. ef. 12-1-12
DAS 11-2009, f. 12-30-09, cert. ef. 1-1-10
DAS 6-2008, f. & cert. ef. 7-2-08

Or. Admin. R. 125-246-0335 Authority and Standards for Personal Services Contracts

(1) Application. For the purposes of this Rule only, "Personal Services" includes Architectural, Engineering, Photogrammetric Mapping, Transportation Planning or Land Surveying Services, and Related Services.

(2) Identification of Personal Services Contracts.

(a) According to ORS 279A.140(2)(h), the State Chief Procurement Officer may designate Contracts or classes of Contracts as Personal Services Contracts for the purposes of reporting Personal Services Contracts in accordance with ORS 279A.140 and identifying the appropriate required procedures in accordance with ORS 279A.070 and 279A.140. In the event of uncertainty or disagreement as to the status of any particular Contract or class of Contracts, the State Chief Procurement Officer may determine whether a particular contract is a Personal Services Contract.

(b) The Authorized Agency must identify within the Contract that the Authorized Agency is contracting for Personal Services. A failure to adequately describe Personal Services within the Contract will not invalidate the Procurement or Contract if the Authorized Agency properly used a sourcing method according to ORS 279B.055 through 279B.085 or 279C.100 through 279C.125 and substantially followed the related Rules.

(3) Contracting Out for Services Provided by Employees.

(a) Where the Authorized Agency is contemplating contracting for Work performed by Authorized Agency employees represented by a labor organization, the Authorized Agency must review the relevant collective bargaining agreement to ensure the contract complies with the provisions and, if applicable, the requirements of ORS 279A.140.

(b) Whenever the Authorized Agency pays more in a given 12-month period to a Provider under a Personal Services Contract for services historically performed by state employees than would have been paid to the Authorized Agency employee performing the same Work, the Authorized Agency must report that fact, with a justifying statement to the Department. The report must be made at the conclusion of each fiscal year.

History

Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070
Statutes/Other Implemented: ORS 279A.140
DAS 5-2023, amend filed 12/29/2023, effective 01/01/2024
DAS 3-2012, f. 11-29-12, cert. ef. 12-1-12
DAS 11-2009, f. 12-30-09, cert. ef. 1-1-10
DAS 6-2008, f. & cert. ef. 7-2-08
DAS 5-2006, f. & cert. ef. 5-31-06
DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05

Or. Admin. R. 125-246-0345 Procedures for Personal Services Contracts

(1) Contract and Amendment Forms for Architectural, Engineering, Photogrammetric Mapping, Transportation Planning or Land Surveying Services, and Related Services. Authorized Agencies must comply with OAR 125-248-0300(1).

(2) Other Forms for Personal Services Contracts and Amendments. Authorized Agencies must use one of the forms provided or approved by the State Chief Procurement Officer for Personal Services Contracts and Amendments (Forms).

(a) Revised Forms.

(A) Designated Procurement Officer Approval up to $250,000. For revised Forms up to a cumulative value of $250,000 and before an Authorized Agency may use a revised Form, it must obtain its Designated Procurement Officer’s approval of any revisions to the Form’s terms and conditions. The Designated Procurement Officer’s approval is not required for revisions to Form exhibits that are unrelated to terms and conditions.

(B) Department of Justice Approval over $250,000. For revised Forms exceeding a cumulative value of $250,000 and before an Authorized Agency may use a revised Form, it must obtain Department of Justice approval of any revisions to the revised Form’s terms and conditions. The Department of Justice approval is not required for revisions to Form exhibits that are unrelated to terms and conditions. The Department of Justice approval may be delivered by facsimile, email, letter or any other objective means of approval.

(b) Upon an Authorized Agency's request, the Department of Justice may approve a revised Form for repeated use for a specific class or classes of transactions.

(c) The Authorized Agency must review the approved Form at least every two years. If upon review the Authorized Agency revises the Form, the Authorized Agency must obtain Department of Justice approval before using the revised Form.

(3) Screening, Selection, Evaluation and Award Procedures. An Authorized Agency must follow the procedures set forth in Division 248 of these Rules when contracting for Architectural, Engineering, Photogrammetric Mapping, Transportation Planning or Land Surveying Services, and Related Services. For all other Personal Services Contracts, an Authorized Agency must select a sourcing method from the seven methods available according to ORS 279B.055 through 279B.085 and follow the screening, selection, evaluation and award procedures set forth for the selected sourcing method in Division 247 of these Rules.

(4) Amendments and Reinstatements. The procedures for Amendments and reinstatements are found in OAR 125-247-0805, 125-248-0340, and 125-246-0570, respectively. Procedures for Amendments and reinstatements for Architectural, Engineering, Photogrammetric Mapping, Transportation Planning or Land Surveying Services, and Related Services are found in OAR 125-248-0340 and 125-248-0310, respectively.

History

Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070
Statutes/Other Implemented: ORS 279A.70 & 279A.140(h)(B)
DAS 5-2023, amend filed 12/29/2023, effective 01/01/2024
DAS 1-2023, amend filed 04/11/2023, effective 05/01/2023
DAS 6-2022, temporary amend filed 11/07/2022, effective 11/07/2022 through 05/05/2023
DAS 3-2012, f. 11-29-12, cert. ef. 12-1-12
DAS 11-2009, f. 12-30-09, cert. ef. 1-1-10
DAS 6-2008, f. & cert. ef. 7-2-08
DAS 5-2006, f. & cert. ef. 5-31-06
DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05

Or. Admin. R. 125-246-0350 Approval of Personal Services Contracts

(2) State Chief Procurement Officer Approval. Except as provided in OAR 125-246-0170, the State Chief Procurement Officer or delegate must approve all Personal Services Contracts exceeding $250,000 before the Authorized Agency executes the Contract.

(3) Requisite Approvals First. All requisite approvals must be obtained, including the approval of the Attorney General, if required, before any Personal Services Contract entered into by an Authorized Agency becomes binding upon the State and before any service may be performed or payment made under the Contract, unless:

(a) The Contract is exempt from the prohibition against services being performed before review for legal sufficiency is obtained under ORS 291.047(6); or

(b) The State Chief Procurement Officer or delegate authorizes an Authorized Agency to acquire services before obtaining all requisite approvals in accordance with OAR 125-246-0351.

(4) Approval after Legal Sufficiency Review. The State Chief Procurement Officer may not approve a Personal Services Contract before the Attorney General approves this Personal Services Contract under ORS 291.047.

(5) Types of Approvals.

(a) When Attorney General legal sufficiency approval is required under ORS 291.047, the Authorized Agency must seek legal approval;

(b) When an Authorized Agency contracts for services normally provided by another Authorized Agency or for services for which another Authorized Agency has statutory responsibilities, the Authorized Agency is required to seek the other Authorized Agency's approvals, prior to final approval by the State Chief Procurement Officer. Examples of these special approvals include, but are not limited to:

(A) Department, Risk Management Services, for providing tort liability coverage.

(B) Department, Enterprise Goods and Services Division, Publishing and Distribution, for printing services;

(D) Office of the Treasurer, Debt Management Division, for financial and bond counsel services (bond counsel services also require the approval of the Attorney General); and

(E) State Chief Information Office, for information-system related and telecommunications services. A state agency, as defined in ORS 279A.010(1), must obtain any review or approval in accordance with OAR 125-247-0185. A state agency is also encouraged to use the State Chief Information Office as a resource in carrying out information system-related projects. This may include:

(i) Assistance to the state agency in developing Statements of Work related to information system projects;

(ii) Reviews to assure consistency with State standards and direction; and

(iii) A listing of vendors that provide information system-related services.

(d) The State Chief Procurement Officer approval, when required, is last.

(6) Attorney or Financial Auditing Services.

(a) The Attorney General has sole authority to contract for attorney services. Only the Attorney General may grant exceptions in Writing on a case-by-case basis;

(b) The Secretary of State Audits Division has sole authority to contract for financial auditing services. Only the Secretary of State Audits Division may grant exceptions in Writing on a case-by-case basis.

History

Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070
Statutes/Other Implemented: ORS 279A.140(2)
DAS 5-2023, amend filed 12/29/2023, effective 01/01/2024
DAS 1-2023, amend filed 04/11/2023, effective 05/01/2023
DAS 6-2022, temporary amend filed 11/07/2022, effective 11/07/2022 through 05/05/2023
DAS 2-2016, f. 12-22-16, cert. ef. 1-1-17
DAS 3-2014, f. 12-29-14, cert. ef. 1-1-15
DAS 4-2013, f. 12-17-13, cert. ef. 1-1-14
DAS 3-2012, f. 11-29-12, cert. ef. 12-1-12
DAS 6-2008, f. & cert. ef. 7-2-08
DAS 5-2006, f. & cert. ef. 5-31-06
DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05

Or. Admin. R. 125-246-0351 Acquiring Services before Obtaining Requisite Approvals of a Personal Services Contract

(2) Personal Services may be performed before all requisite approvals are obtained under a Personal Services Contract if the Personal Services Contract is exempt from the prohibition against services being performed before review for legal sufficiency is obtained under ORS 291.047(6).

(3) The process set forth in this Rule is intended to allow Authorized Agencies to acquire services before obtaining all requisite approvals for those Personal Services Contracts that call for payments of less than the Threshold for legal sufficiency review by the Attorney General.

(4) The Chief Procurement Officer may authorize an Authorized Agency to acquire services before obtaining all requisite approvals when circumstances exist that require prompt action to protect the interests of the State. An Authorized Agency may seek such authorization for a Personal Services Contract or a class of Personal Services Contracts to address specific recurring needs to acquire services on short notice. An Authorized Agency seeking the State Chief Procurement Officer’s authorization must describe particular circumstances that make it impracticable to obtain all requisite approvals before acquiring services. The State Chief Procurement Officer will only authorize an Authorized Agency to acquire services before obtaining all requisite approvals if the Authorized Agency follows the procedures set forth in this Rule. The State Chief Procurement Officer’s authorization according to this Rule only allows the Authorized Agency to acquire services before obtaining all requisite approvals. It does not authorize the Authorized Agency to make any payments before obtaining all requisite approvals.

(5) The Authorized Agency seeking the State Chief Procurement Officer’s authorization to acquire services before obtaining all requisite approvals must provide:

(a) Written findings to the State Chief Procurement Officer that describe the specific recurring circumstances that require the Authorized Agency to take prompt action to protect the interests of the State because they create substantial risk of loss, damage, interruption of services or threat to public health or safety. The Authorized Agency must also describe why, under these specific circumstances, it will be impracticable to obtain all requisite approvals before acquiring services;

(b) The Personal Services Contract form that the Authorized Agency will use for the Contract entered into after acquiring services, but before making payments.

(c) Documentation demonstrating that the Authorized Agency has established procedures to administer the Contract or class of Contracts, for which it seeks authorization.

(6) The State Chief Procurement Officer after review of the material required by Section (5) above, may authorize the Authorized Agency to acquire the specific services under the specific circumstances described in response to Section (5)(a) above before obtaining all requisite approvals. If the State Chief Procurement Officer provides authorization, the State Chief Procurement Officer will do so in Writing, subject to any conditions or limitations the State Chief Procurement Officer deems appropriate, including but not limited to the duration of the authorization, and any other terms and conditions the State Chief Procurement Officer may determine are appropriate.

(7) If Authorized Agency acquires services before obtaining all requisite approvals when authorized by the State Chief Procurement Officer, the Authorized Agency, as soon as practicable after acquiring the services, must enter into a Written Contract in the form submitted by the Authorized Agency and approved by the State Chief Procurement Officer. The Authorized Agency must not revise the terms of the approved Contract form submitted by Authorized Agency without the State Chief Procurement Officer’s approval.

(8) The Authorized Agency must not make any payments for services before obtaining all requisite approvals.

(9) The State Chief Procurement Officer authorization to perform services before obtaining all requisite approvals does not exempt the Authorized Agency from obtaining legal sufficiency review, if required under the provisions of ORS 291.047.

(10) An Authorized Agency authorized to perform services before obtaining all requisite approvals must follow all applicable screening and selection requirements unless otherwise exempt from those requirements.

History

Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070
Statutes/Other Implemented: ORS 279A.140(2)
DAS 5-2023, amend filed 12/29/2023, effective 01/01/2024
DAS 3-2014, f. 12-29-14, cert. ef. 1-1-15
DAS 3-2012, f. 11-29-12, cert. ef. 12-1-12
DAS 11-2009, f. 12-30-09, cert. ef. 1-1-10
DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05

Or. Admin. R. 125-246-0353 Reporting Requirements for Personal Services Contracts

(2) The Department maintains for state agencies an electronic reporting system within OregonBuys for reporting Personal Services Contracts. Each state agency that is not exempt from the Public Contracting Code must report in OregonBuys or other Electronic Procurement System approved by the State Chief Procurement Officer each Personal Services Contract and Amendment. The report must include the state agency name, not-to-exceed amount of the Contract, the name of the Contractor, the duration of the Contract, its basic purpose, and a copy of the Personal Services Contract or Amendment. Whenever a state agency pays more in a calendar year under a Personal Services Contract for services historically performed by state employees than the state agency would have paid to the state agency’s employees performing the same Work, the state agency must so report through OregonBuys or other Electronic Procurement System approved by the State Chief Procurement Officer and include in the report a statement of justification for the greater costs, according to ORS 279A.140(2)(h)(A)(i).

(3) The Department must submit a report to the Legislature summarizing state agency Personal Services Contracts. This report must include the name of the state agency, the not-to-exceed amount of the Contracts, the name(s) of Contractor(s), the duration of Contract(s) and the basic purpose of the Contract(s). The report must also include the total dollar figure of all Personal Services Contracts for each fiscal year.

(4) The Department maintains an electronic file of Personal Services Contracts report forms for public review. The electronic file includes a justification statement, when applicable, and documentation of the selection process for each Contract.

(5) The state agency must keep in the Procurement File all Personal Services Contracts, justification statements, when applicable, documentation of the selection process for each Contract, and the report forms in compliance with OAR 166-300-0015(7) and any other applicable laws.

History

Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070
Statutes/Other Implemented: ORS 279A.140(h)(A)
DAS 1-2023, amend filed 04/11/2023, effective 05/01/2023
DAS 6-2022, temporary amend filed 11/07/2022, effective 11/07/2022 through 05/05/2023
DAS 3-2019, amend filed 12/23/2019, effective 01/01/2020
DAS 3-2012, f. 11-29-12, cert. ef. 12-1-12
DAS 6-2008, f. & cert. ef. 7-2-08
DAS 5-2006, f. & cert. ef. 5-31-06
DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05

Or. Admin. R. 125-246-0360 Purchases Through Federal Programs

(1) Exemption. An Authorized Agency may purchase certain authorized Supplies and Services through General Service Administration (GSA) federal programs or federal Contracts (Federal Programs) without Competitive Sealed Bidding, Competitive Sealed Proposals or other competition required under ORS 279B.050 to 279B.085, provided that the Authorized Agency has federal authorization to purchase through the Federal Program and follows the procedures set forth in this Rule.

(2) Federal Authorization.

(a) The Federal Programs named in ORS 279A.180 are accessible to Authorized Agencies for purchasing Supplies and Services. In addition, by this Rule, the Director of the Department (Director) hereby makes the determination according to ORS 279A.180, that the GSA Order of 2000 and any subsequent revisions or updating of this GSA Order of 2000 (GSA Orders) describe other Federal Programs that, under federal law, are similar to 10 U.S.C. 381 or Section 211 of the Electronic Government Act of 2002 in effectuating or promoting transfers of property to Authorized Agencies; therefore, Authorized Agencies may purchase through those Federal Programs described in a GSA Order without making individual requests for determination to the Director.

(b) If an Authorized Agency desires to purchase through another Federal Program that is not expressly named in ORS 279A.180 or a GSA Order, the Authorized Agency must request in Writing a determination from the Director or the Director's designated representative. In the request, the Authorized Agency must document that the federal government has authorized states, including the Authorized Agency, to purchase through the proposed Federal Program. The request of the Authorized Agency and the determination by the Director or representative must be limited to those other Federal Programs described in ORS 279A.180 that, under federal law, are similar to 10 U.S.C. 381 or Section 211 of the Electronic Government Act of 2002 in effectuating or promoting transfers of property to Authorized Agencies.

(c) If no federal authorization exists as described in Sections (2)(a) and (b) of the Rule, then an Authorized Agency is not permitted to purchase through any Federal Program.

(3) Procedures. To purchase through a Federal Program, an Authorized Agency must document in its Procurement File that:

(a) The federal authority for the Authorized Agency to purchase through the Federal Program, referring to ORS 279A.180, a GSA Order, or the State Chief Procurement Officer’s approval of an Authorized Agency's request.

(b) The acquisition meets the Authorized Agency's needs;

(d) No mandatory Department Price Agreement for the authorized Supplies and Services exists, based upon the Authorized Agency's inquiry through OregonBuys or other Electronic Procurement System approved by the State Chief Procurement Officer;

(e) The Authorized Agency has considered the acquisition's impact upon local business as follows:

(A) If the Procurement is in excess of $10,000, the Authorized Agency has given timely notice through OregonBuys or other Electronic Procurement System approved by the State Chief Procurement Officer of its needs, reasons, and intent to procure through a Federal Program;

(B) The Authorized Agency has provided a reasonable time period under the circumstances for individuals to respond to the notice and send Written comments to the Authorized Agency; and

(C) The Authorized Agency has considered any comments and replied, if appropriate, before proceeding with its Procurement through a Federal Program. This Rule provides for an informal opportunity to comment to and be considered by the Authorized Agency, instead of the formal notice requirements for Solicitations in excess of $10,000 according to ORS 200.035.

(f) State and local preference programs, including but not limited to Inmate Labor in accordance with the Oregon Constitution, Article I, Section 41, Products of Disabled Individuals Program of ORS 279.835 to 850, and state requirements Contracts under OAR 125-247-0296, are not waived or otherwise adversely affected by an acquisition through a Federal Program;

(g) The Authorized Agency has complied with OAR 137-045-0010 to 137-045-0090, and if it is required, obtained a legal sufficiency review or exemption from the Department of Justice; and

(h) The Authorized Agency is informed of its Federal Program's Procurement Process, including:

(A) Voluntary and Direct Contract. The Authorized Agency and Contractors participate voluntarily. The Contractors make direct deliveries to the Authorized Agency and retain the right to decline orders on a case-by-case basis, for any reason, within a five-Day period of receipt of that order;

(B) Funding Fee. The price of a Federal Program Contract includes a GSA industrial funding fee to cover GSA administrative costs to operate the Federal Program;

(C) New Contract. When a Contractor accepts an order from an Authorized Agency, a new Contract is formed. The Contract's terms and conditions are incorporated by reference; and

(D) Additional Terms and Conditions. The Authorized Agency may add to its Contract such significant, substantial contract terms and conditions as are required by State statutes or rules, if such additions do not conflict with the Federal Program's Contract terms and conditions. Examples of such terms and conditions include, but are not limited to:

(i) Prompt Payment. The Authorized Agency may apply the terms and conditions of Oregon's prompt payment law to its Contracts, but if the Authorized Agency fails to make this addition, then the Authorized Agency may be subject to the Federal Prompt Payment Act, 31 U.S.C. sec. 3901 et seq., as implemented at subpart 32.9 of the Federal Acquisition Regulation (FAR);

(ii) Commercial Terms. Patent indemnity and other commercial terms and conditions may be added if they do not conflict with the Federal Program's terms and conditions; and

(iii) Conflict Resolution. The Authorized Agency may revise the Contract's dispute resolution provision to use Alternative Dispute Resolution (ADR) to the extent authorized by law.

History

Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070
Statutes/Other Implemented: ORS 279A.180
DAS 5-2023, amend filed 12/29/2023, effective 01/01/2024
DAS 1-2023, amend filed 04/11/2023, effective 05/01/2023
DAS 6-2022, temporary amend filed 11/07/2022, effective 11/07/2022 through 05/05/2023
DAS 3-2019, amend filed 12/23/2019, effective 01/01/2020
DAS 2-2016, f. 12-22-16, cert. ef. 1-1-17
DAS 4-2013, f. 12-17-13, cert. ef. 1-1-14
DAS 3-2012, f. 11-29-12, cert. ef. 12-1-12
DAS 11-2009, f. 12-30-09, cert. ef. 1-1-10
DAS 5-2006, f. & cert. ef. 5-31-06
DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05

Or. Admin. R. 125-246-0365 ORS 190 Agreements (Intergovernmental)

(1) Reporting 190 Agreements through OregonBuys. A state agency that enters into an agreement under ORS 190.110, 190.420 or 190.485, or an agreement under ORS 190.112 or under ORS 660.342, must submit a summary of the agreement through OregonBuys or other Electronic Procurement System approved by the State Chief Procurement Officer within the 30-day period immediately following the effective date of the agreement. For the purpose of this Rule only, “state agency” is defined in ORS 190. The summary must include the following information:

(a) Names of the parties to the agreement;

(b) Date of the agreement;

(d) The agency through which a person may obtain a copy of the agreement.

(2) Interstate and International Agreements. Following ORS 190, each Agency may enter into Interstate and International Agreements through negotiation, direct award, direct appointment, or in any other manner that satisfies the legal requirements for such Agreements.

(3) Tribal Agreements. Following ORS 190, each Agency may enter into Tribal Agreements through negotiation, direct award, direct appointment, or in any other manner that satisfies the legal requirements for such Agreements.

(4) Interagency and Intergovernmental Agreements. Following ORS 190, each Agency may enter into Interagency and Intergovernmental Agreements through negotiation, direct award, direct appointment, or in any other manner that satisfies the legal requirements for such Agreements.

(5) All Interstate, International, Tribal, Interagency and Intergovernmental Agreements, when required, are subject to review and approval by the Attorney General.

History

Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070
Statutes/Other Implemented: ORS 190.110, 190.112, 190.420, 190.485, 279B.085 & 660.342
DAS 1-2023, amend filed 04/11/2023, effective 05/01/2023
DAS 6-2022, temporary amend filed 11/07/2022, effective 11/07/2022 through 05/05/2023
DAS 3-2019, amend filed 12/23/2019, effective 01/01/2020
DAS 11-2009, f. 12-30-09, cert. ef. 1-1-10
DAS 6-2008, f. & cert. ef. 7-2-08

Or. Admin. R. 125-246-0400 Cooperative Procurement; Purpose, Policy, and Definitions

(1) See OAR 137-046-0400 through 137-046-0480.

(2) Regardless of OAR 137-046-0400 through 137-046-0480, Authorized Agencies must comply with the following provisions:

(a) Adaptation of Model Rules for Agency Use. The following words found in those Model Rules expressly adopted by the Department are replaced by the words as defined in this subsection (2)(a):

(A) “Administering Contracting Agency” is replaced by “Administrator.”

(B) “Purchasing Contracting Agency” is replaced by “Participant.”

(b) Definitions. For the purposes of these Cooperative Procurement Rules only, the following definitions apply to Cooperative Procurement:

(A) An “Administrator” means a governmental body that solicits and establishes the Original Contract for Supplies and Services or Public Improvements in a Cooperative Procurement. “Administrator” means the State Chief Procurement Officer or subject to the approval of the State Chief Procurement Officer: an Agency, another Public Body within the state of Oregon, or a governmental body outside the state of Oregon. An Administrator has the same rights and responsibilities as an Administering Contracting Agency under ORS 279A.200 through 279A.225.

(B) "Contract" means a Public Contract or Price Agreement resulting from a Cooperative Procurement by an Administrator.

(C) "Cooperative Procurement" means a Procurement conducted by an Administrator or on behalf of one or more Participants. Cooperative Procurement includes but is not limited to multiparty Contracts and Price Agreements.

(D) "Cooperative Procurement Group" means:

(i) A group of Agencies, Public Bodies within the state of Oregon or any governmental body outside the state of Oregon, separately or in any combination;

(ii) Approved by the State Chief Procurement Officer; and

(iii) Joined through an intergovernmental agreement for the purposes of facilitating a Cooperative Procurement.

(E) "Interstate Cooperative Procurement" means a Permissive Cooperative Procurement in which the Administrator is authorized under that governmental body's laws, rules, or regulations to enter into Public Contracts and in which one or more of the Participants are located outside the State of Oregon.

(F) "Joint Cooperative Procurement" means a Cooperative Procurement that identifies:

(i) The Participants or the Cooperative Procurement Group; and

(ii) The contract requirements or estimated contract requirements for the Original Contract.

(G) "Original Contract" means the initial Contract or Price Agreement awarded under a Cooperative Procurement by an Administrator.

(H) A “Participant” means a governmental body that procures Goods, Services, or Public Improvements from a Provider based on the Original Contract established by an Administrator in a Cooperative Procurement. For the purpose of the Cooperative Procurement Rules, the procured Services include Architectural, Engineering and Land Surveying Services, and Related Services. A Participant may be the State Chief Procurement Officer or, subject to the approval of the State Chief Procurement Officer: an Authorized Agency, a local Public Body, a state agency with independence under ORS 279A.050, or a governmental body located outside the State of Oregon. A Participant has the same rights and responsibilities as a Participating or Purchasing Contracting Agency under ORS 279A.200 through 279A.225.

(I) "Permissive Cooperative Procurement" means a Cooperative Procurement in which the Participants are not identified.

(A) The State Chief Procurement Officer will enter into Cooperative Procurements on behalf of Agencies, unless an Authorized Agency receives a delegation of Authority according to OAR 125-246-0170 to act as an Administrator or Participant.

(B) Subject to a delegation of Authority described in subsection (2)(c)(A) of this Rule, an Administrator or Participant may participate in, sponsor, conduct or administer Joint Cooperative Procurements, Permissive Cooperative Procurements and Interstate Cooperative Procurements in accordance with ORS 279A.200 through 279A.225 and these Rules.

(C) For Permissive Cooperative Procurements, each Participant that participates after the Award of the Original Contract must determine, in Writing, whether the Solicitation and award process for the Original Contract arising out of a Cooperative Procurement is substantially equivalent to those identified in ORS 279B.055, 279B.060 or 279B.085, consistent with 279A.200(2). The Participant must maintain this Written determination in the Participant’s Procurement File.

(d) Responsibilities.

(A) The Administrator of a Cooperative Procurement may establish any terms and conditions necessary to allow other Participating Authorized Agencies or Cooperative Procurement Groups of which the Participant is a member (collectively, "Participant”) to participate in a Cooperative Procurement. The Administrator may require Participants to enter into a Written agreement that establishes the terms and conditions for participation in a Cooperative Procurement. These terms and conditions may include, but are not limited to: the establishment of any administrative fees for the Administrator, whether each Person must enter into a Written agreement with the Administrator, and any other matters related to the administration of the Cooperative Procurement source selection and the resulting Original Contract. The Administrator may include provisions in the Solicitation Document for a Cooperative Procurement and advertise the Solicitation Document in a manner to assist Participants’ compliance with the Code and these Rules.

(B) In administering or applying these Rules, the Administrator must collaboratively review and compare the procurement needs and requirements of both the Administrator and the respective Participant(s) for the purpose of using a Cooperative Procurement to achieve cost savings (for examples: lowest total cost of acquisition, least time to procure, process streamlining, Return on Investment calculation based on a comparison of the total costs of individual Authorized Agency Procurements versus a Cooperative Procurement).

(C) If a Participant enters into a Contract based on a Cooperative Procurement, the Participant must comply with the Code, these Rules, and any terms and conditions set out by the Administrator, including:

(i) The extent to which the Participant may participate in the Cooperative Procurement;

(ii) The advertisement of the Solicitation Document for the Cooperative Procurement; and

(iii) Public notice of the Participant’s intent to establish Contracts based on a Cooperative Procurement.

(D) Joint, Permissive, and Interstate Cooperative Procurement Solicitations must comply with OAR 125-247-0305.

(e) Amendments of Cooperative Procurements must comply with OAR 125-247-0805.

History

Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070
Statutes/Other Implemented: ORS 279A.050, 279A.065(5), 279A.070, 279A.140, 279A.205, 279A.210, 279A.215, 279A.220 & 279A.225
DAS 5-2023, amend filed 12/29/2023, effective 01/01/2024
DAS 1-2023, amend filed 04/11/2023, effective 05/01/2023
DAS 6-2022, temporary amend filed 11/07/2022, effective 11/07/2022 through 05/05/2023
DAS 4-2013, f. 12-17-13, cert. ef. 1-1-14
DAS 3-2012, f. 11-29-12, cert. ef. 12-1-12
DAS 6-2008, f. & cert. ef. 7-2-08
DAS 5-2006, f. & cert. ef. 5-31-06
DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05

Or. Admin. R. 125-246-0500 Electronic Procurement System (OregonBuys)

(1) The Electronic Procurement System, known as OregonBuys, an Internet-based, on-line system, is the official publication forum for state Procurement notices and advertisements, as functionality allows, by the Department and all Agencies.

(2) All state Agencies must use OregonBuys or other Electronic Procurement System approved by the State Chief Procurement Officer to comply with the reporting requirements for:

(a) Personal Services Contracts in accordance with OAR 125-246-0353;

(b) Agreements under ORS 190 in accordance with OAR 125-246-0365; and

(3) In accordance with ORS 200.035, any applicable related Governor’s Executive Order regarding Oregon Minority-owned, Women-owned, Veteran-owned, and Emerging Small Businesses, and applicable related Department statewide policy, all State Contracting Agencies, as defined in ORS 279A.010, must use OregonBuys or other Electronic Procurement System approved by the State Chief Procurement Officer, to:

(a) Give Timely Notice of the State Contracting Agency’s intent to advertise or solicit Bids or Proposals; and

(b) Give Timely Notice when the Contract is awarded. As used in ORS 200.035 and this Rule, “Timely Notice” means at the time the State Contracting Agency advertises or solicits Bids or Proposals and at the time the State Contracting Agency publicly releases the Contract.

History

Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070
Statutes/Other Implemented: ORS 279A.065, 279A.070 & 279A.140
DAS 5-2023, amend filed 12/29/2023, effective 01/01/2024
DAS 1-2023, amend filed 04/11/2023, effective 05/01/2023
DAS 6-2022, temporary amend filed 11/07/2022, effective 11/07/2022 through 05/05/2023
DAS 3-2019, amend filed 12/23/2019, effective 01/01/2020
DAS 3-2018, amend filed 12/14/2018, effective 01/01/2019
DAS 4-2015, f. 12-29-15, cert. ef. 1-1-16
DAS 4-2013, f. 12-17-13, cert. ef. 1-1-14
DAS 3-2012, f. 11-29-12, cert. ef. 12-1-12
DAS 5-2006, f. & cert. ef. 5-31-06
DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05

Or. Admin. R. 125-246-0555 Contract Administration; General Provisions

(1) Authority. Procurements include Contract Administration. The Authority for an Authorized Agency to conduct Contract Administration is found in OAR 125-246-0170, and is subject to the requirements of ORS 279A.159 and OAR 125-246-0140.

(2) Contract Administrator. The Authorized Agency must appoint, in Writing, a Contract Administrator to represent the Authorized Agency for each Contract. The Contract Administrator may delegate in Writing a portion of the Contract Administrator's responsibilities to a technical representative for specific day-to-day administrative activities for each Contract, including communications according to OAR 125-246-0635.

History

Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070
Statutes/Other Implemented: ORS 279A.050, 279A.065(5), 279A.070, 279A.140 & 279A.159
DAS 1-2023, amend filed 04/11/2023, effective 05/01/2023
DAS 6-2022, temporary amend filed 11/07/2022, effective 11/07/2022 through 05/05/2023
DAS 2-2016, f. 12-22-16, cert. ef. 1-1-17
DAS 6-2008, f. & cert. ef. 7-2-08
DAS 5-2006, f. & cert. ef. 5-31-06
DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05

Or. Admin. R. 125-246-0556 Procurement Files

(1) Application. This Rule applies to Procurement Files, as defined in OAR 125-246-0110.

(2) Required Documentation. All Procurement Files must contain:

(a) All Written documents delivered to an Agency from the Department, whether the documents relate to approvals, revocations, orders, modifications, or other actions (Actions), related to the documents’ subject matter and Action;

(b) An executed Contract, if awarded, and any Ordering Instruments and Amendments (collectively, Contract);

(d) A copy of the Solicitation, if any;

(e) The Contract Administrator and any delegates;

(f) Any required findings or statement of justification for the selection of the Provider and sourcing method according to ORS 279A.200 through 279A.220 (Cooperative Procurement); 279B.055 through 085 (seven methods for Supplies and Services); 279C.100 through 279C.125 (Architectural, Engineering, Photogrammetric Mapping, Transportation Planning or Land Surveying Services or Related Services); or ORS 279C.300 through 279C.450 (Public Improvements);

(g) Documentation of Contract Administration according to OAR 125-246-0555 and if required by the selected procurement method:

(A) A list of prospective Providers notified of any Solicitation;

(B) The method used to advertise or notify prospective Providers;

(D) The record of any Negotiation of the Statement of Work and results;

(E) A record of all material Communications regarding the Solicitation by interested Providers according to OAR 125-246-0635;

(F) All information describing how the Provider was selected, including the method and basis for awarding the Contract;

(G) A copy of the Request for Special Procurement, if any;

(H) Documentation for a Federal Program purchase according to OAR 125-246-0360; and

(I) Documentation related to Cooperative Procurements according to OAR 125-246-0400.

(3) Time Period. The Agency must maintain Procurement Files, including all documentation, for a period in compliance with OAR 166-300-0015(8) and any other applicable laws. Procurement Files must be made immediately available for review upon the request of the Department.

History

Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070
Statutes/Other Implemented: ORS 279A.050, 279A.065(5), 279A.070 & 279A.140
DAS 4-2013, f. 12-17-13, cert. ef. 1-1-14
DAS 3-2012, f. 11-29-12, cert. ef. 12-1-12
DAS 6-2008, f. & cert. ef. 7-2-08

Or. Admin. R. 125-246-0570 Reinstatement of Expired Contract; Retroactive Approval of Existing Contract

(1) Application. This Rule applies to the reinstatement of expired or terminated Contracts (expired Contracts) and the retroactive approval of existing Contracts procured by Authorized Agencies for Supplies and Services and for Architectural, Engineering and Land Surveying Services or Related Services (“Contracts”). This Rule does not apply to mistakes that may occur in the solicitation process (see OAR 125-247-0470).

(2) Requirements to Reinstate an Expired Contract.

(a) Before expiration, the Contract was properly signed by all parties;

(b) Then the signed Contract expired;

(A) To fulfill its term, up to the maximum time period provided in the Contract or Solicitation; or

(B) To complete one or more deliverable(s) included within the Contract’s Scope at the time of its expiration;

(d) The Agency documents in the Procurement File the deliverable(s) to be completed at the time of the expired Contract’s reinstatement; and

(e) If the Contractor has performed work under the Contract, the reinstatement does not apply to payments made for work performed between the expiration of the Contract and the date of any reinstatement.

(3) Requirements to Retroactively Approve an Existing Contract.

(a) The Contract exists and has not expired;

(b) The Contract was signed by all parties except that the required approval of the DPO or CPO was lacking;

(c) If the Contractor has performed work under the Contract, the retroactive approval does not apply to payments made for work performed between the start of the Contract and the date of any retroactive approval.

(4) Process. For either a reinstatement of an expired Contract or retroactive approval of an existing Contract, the requesting Agency must meet the following conditions:

(a) The Agency must submit a Written request to the Agency’s Designated Procurement Officer (DPO) if the Agency is authorized under OAR 125-246-0170, or if not, to the State Chief Procurement Officer (CPO) with Authority under 125-246-0170 (Request). If the Request is submitted to the DPO, the Agency must also follow its internal procedures.

(b) The Request must explain the following:

(A) The proposed reinstatement of the expired Contract or retroactive approval of the existing Contract.

(B) The background facts that led to the Request;

(D) The need for reinstatement of an expired Contract or retroactive approval of an existing Contract due to unforeseen or unavoidable conditions;

(E) The steps to prevent a reoccurrence. For examples:

(i) Improvement of Agency’s internal policies and procedures; and

(ii) Provision of new training or retraining; and

(F) Acknowledgement that the Request is in the best interest of the Agency.

(c) Obtain all other approvals required for the Contract, including but not limited to: Attorney General’s approval of legal sufficiency under ORS 291.047 or ratification under 291.049. The Authorized Agency must obtain all other approvals required for the Contract before any reinstatement, extension of time under Subsection (6), or retroactive approval becomes binding.

(d) The DPO or CPO, as described in Subsection (3)(a), must approve the Request.

(5) Effect of Approval.

(a) An approved reinstatement of an expired Contract makes the Contract in full force and effect, as if it had not expired.

(b) An approved retroactive approval of an existing Contract makes the Contract in full force and effect, as if it had been approved by the DPO or CPO when the Contract was formed.

(c) The DPO or CPO, as appropriate, may create any related Contract documents to implement the reinstatement or retroactive approval.

(d) The Agency may make an approved payment after any related Contract documents are signed by the necessary parties.

(6) Amendments of a Reinstated Contract.

(a) If the Agency requests reinstatement of an expired Contract, the Request of the Agency may also include a request to amend the reinstated Contract for time only. The DPO or CPO, as appropriate, may approve this Request, including the amendment.

(b) The Agency may amend a reinstated or retroactively approved Contract for purposes other than time in accordance with OAR 125-247-0805.

(7) An Authorized Agency may combine in one document a Reinstatement of a Contract in accordance with this Rule, Retroactive Approvals of that Contract in accordance with OAR 125-246-0570, and its Amendment in accordance with 125-247-0805, as needed.

History

Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070
Statutes/Other Implemented: ORS 279A.050, 279A.065(5), 279A.070 & 279A.140
DAS 5-2023, amend filed 12/29/2023, effective 01/01/2024
DAS 1-2023, amend filed 04/11/2023, effective 05/01/2023
DAS 6-2022, temporary amend filed 11/07/2022, effective 11/07/2022 through 05/05/2023
DAS 2-2016, f. 12-22-16, cert. ef. 1-1-17
DAS 4-2013, f. 12-17-13, cert. ef. 1-1-14
DAS 3-2011, f. 12-22-11, cert. ef. 1-1-12
DAS 11-2009, f. 12-30-09, cert. ef. 1-1-10
DAS 6-2008, f. & cert. ef. 7-2-08
DAS 5-2006, f. & cert. ef. 5-31-06
DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05

Or. Admin. R. 125-246-0576 Payment Authorization for Cost Overruns for Services Contracts

(1) Payments on Contracts for Trade or Personal Services that exceed the maximum contract consideration (Cost Overruns) require approval (Approval). If the aggregated value of the Contract, including Cost Overruns, does not exceed $250,000, the Designated Procurement Officer of the requesting Authorized Agency may approve the Cost Overruns in accordance with Section (2) of this Rule. If the aggregated value of the Contract, including Cost Overruns, exceeds $250,000, the State Chief Procurement Officer may approve the Cost Overruns in accordance with Section (2) of this Rule. The Cost Overruns may also require approval from the Department of Justice pursuant to ORS 291.047 and 291.049.

(2) Approval may be provided if:

(a) The Original Contract was duly executed and, if required, approved by the Department and the Attorney General;

(b) Payments relate to Services that were provided during the term of the Contract;

(d) The cost overrun arose out of extraordinary circumstances or conditions encountered in the course of contract performance that were reasonably not anticipated at the time the Original Contract, or the most recent Amendment, if any, was signed. Such circumstances include, but are not limited to: emergencies arising in the course of the Contract that require prompt action to protect the Work already completed, compliance with official or judicial commands or directives issued during contract performance or insurance that the purpose of the Contract will be realized;

(e) The cost overrun was incurred in good faith, results from the good faith performance by the Contractor, and is no greater than the prescribed hourly rate or the reasonable value of the additional Work or performance rendered;

(f) The aggregated value of the Contract, including the Cost Overrun, and the Contract’s objective are within the Authority of the Authorized Agency pursuant to OAR 125-246-0170, and the Authorized Agency currently has funds available for payment under the Contract; and

(g) The Agency must prepare a Written report that describes the Authorized Agency's discovery of the Cost Overrun, the reasons for the Cost Overrun, and the Agency’s satisfaction of the conditions set forth in this Section (2) (Report). The Authorized Agency must maintain this Report in its Procurement File and make this Report available to the Department upon request.

(h) The Designated Procurement Officer of the Authorized Agency approves in Writing the payment of the overrun, or such portion of the overrun amount as the Designated Procurement Officer of the Authorized Agency determines may be paid consistent with the conditions of this Rule. If the Designated Procurement Officer of the Authorized Agency has signed the Contract, or has immediate supervisory responsibility over performance of the Contract, that Person must designate an alternate delegate to grant or deny Written approval of payment.

(3) The Authorized Agency must obtain any Attorney General's approval of the Contract Amendment, if such approval is required by ORS 291.047, before making any Cost Overrun payment.

History

Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070
Statutes/Other Implemented: ORS 279A.050, 279A.065(5), 279A.070 & 279A.140
DAS 5-2023, amend filed 12/29/2023, effective 01/01/2024
DAS 1-2023, amend filed 04/11/2023, effective 05/01/2023
DAS 6-2022, temporary amend filed 11/07/2022, effective 11/07/2022 through 05/05/2023
DAS 3-2012, f. 11-29-12, cert. ef. 12-1-12
DAS 11-2009, f. 12-30-09, cert. ef. 1-1-10
DAS 5-2006, f. & cert. ef. 5-31-06

Or. Admin. R. 125-246-0580 Dispute Resolution

Pursuant to ORS 183.502, Authorized Agencies are authorized and encouraged to use alternative dispute resolution (ADR), including collaborative forms of dispute resolution such as mediation, facilitation and collaborative rulemaking. The Attorney General’s Model Rules on ADR are designed to assist Authorized Agencies in the assessment and appropriate use of collaborative ADR, as set forth in the Oregon Attorney General’s Administrative Law Manual and Uniform and Model Rules of Procedure under the Administrative Procedures Act, October 3, 2001.

History

Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070
Statutes/Other Implemented: ORS 279A.050, 279A.065(5), 279A.070 & 279A.140
DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05

Or. Admin. R. 125-246-0600 Ethics in Public Contracting; Policy

These Rules supplement and do not replace ORS 244.010 through 244.400, for the purpose of applying the policy of ORS 244.010 to Oregon Public Contracting under the Public Contracting Code and these Rules. Oregon Public Contracting is a public trust. The Agencies and Contractors involved in Public Contracting must safeguard this public trust.

History

Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070
Statutes/Other Implemented: ORS 279A.015, 279A.065(5)(a), 279A.070 & 279A.140
DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05

Or. Admin. R. 125-246-0605 Ethics; Selection and Award of Public Contracts

(1) Agency officers, employees or agents involved in the process of the selection and award of Public Contracts must carefully review the provisions of ORS 244.040.

(2) Agency officers, employees and agents are prohibited from soliciting or receiving Gifts, which means something of economic value given to a public official or the public official’s relative without an exchange of valuable consideration of equivalent value, including the full or partial forgiveness of indebtedness, and which is not extended to others who are not public officials or the relatives of public officials on the same terms and conditions; and something of economic value given to a public official or the public official’s relative for valuable consideration less than that required from others who are not public officials.

(3) Agency officers, employees and agents are prohibited from using their official position for personal or financial gain.

(4) Agency officers, employees and agents are prohibited from using confidential information gained in the course of the screening and selection procedures for personal or financial gain.

History

Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070
Statutes/Other Implemented: ORS 279A.015, 279A.065(5)(a), 279A.070 & 279A.140
DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05

Or. Admin. R. 125-246-0610 Appointments to Advisory Committees

The Director, State Chief Procurement Officer, Designated Procurement Officer or a delegatee may appoint procurement advisory committees to assist with Specifications, procurement decisions, and structural change that can take full advantage of evolving procurement methods as they emerge within various industries, while preserving competition pursuant to ORS 279A.015.

History

Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070
Statutes/Other Implemented: ORS 279A.015, 279A.065(5)(a), 279A.070 & 279A.140
DAS 5-2023, amend filed 12/29/2023, effective 01/01/2024
DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05

Or. Admin. R. 125-246-0615 Nonretaliation

This Rule prohibits retaliation against anyone who complies with the Public Contracting Code and these Rules. Any officer, employee or agent of an Agency or Provider who engages in retaliation action will be subject to Penalties pursuant to ORS 279A.990, 244.350 to 244.400 and related rules. Also, any Provider who engages in a retaliation action may be debarred.

History

Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070
Statutes/Other Implemented: ORS 279A.015, 279A.065(5)(a), 279A.070 & 279A.140
DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05

Or. Admin. R. 125-246-0620 Specifications

(1) Agencies and Providers must not develop Specifications that primarily benefit a Provider, directly or indirectly, to the detriment of an Agency or the best interest of the State.

(2) Agencies must not develop Specifications that inhibit or tend to discourage Public Contracting with Qualified Rehabilitation Facilities under ORS 279.835 through 279.855 and OAR 125-055-0005 through 125-055-0045 where those Specifications inhibit or tend to discourage the acquisition of Oregon Forward-produced Supplies and Services without reasonably promoting the satisfaction of bona fide, practical procurement needs of the Agency.

(3) Agencies and Providers must not develop Specifications that inhibit or tend to discourage Public Contracting under other public procurement laws or policies of the Department.

History

Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070
Statutes/Other Implemented: ORS 279A.015, 279A.065(5)(a), 279A.070 & 279A.140
DAS 5-2023, amend filed 12/29/2023, effective 01/01/2024
DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05

Or. Admin. R. 125-246-0621 Anti-Trust Laws

(1) Authorized Agencies must be generally informed about anti-trust laws and their prohibitions, including the prohibition of any Contract or conspiracy in restraint of trade. Violations of anti-trust laws include but are not limited to the attempt of any Person(s) to monopolize or to conspire with any other Person(s) to monopolize any trade of commerce.

(2) Violations of anti-trust laws harm competition and the policies of ORS 279A.015. Also see OAR 125-247-0500, 125-247-0575, 125-249-0370 and 125-249-0390.

History

Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070
Statutes/Other Implemented: ORS 646.725 and 646.730
DAS 11-2009, f. 12-30-09, cert. ef. 1-1-10

Or. Admin. R. 125-246-0625 Sole-Source

Authorized Agencies may not select a Sole-Source Procurement pursuant to ORS 279B.075 and avoid a competitive Procurement if the purpose of the selection is to primarily benefit the Provider, directly or indirectly, to the detriment of an Authorized Agency or the best interest of the State.

History

Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070
Statutes/Other Implemented: ORS 279A.015, 279A.065(5)(a), 279A.070 & 279A.140
DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05

Or. Admin. R. 125-246-0630 Fragmentation

A Procurement may not be artificially divided or fragmented so as to constitute a Small Procurement, pursuant to ORS 279B.065, or an Intermediate Procurement, pursuant to ORS 279B.070.

History

Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070
Statutes/Other Implemented: ORS 279A.015, 279A.065(5)(a), 279A.070 & 279B.065
DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05

Or. Admin. R. 125-246-0635 Authorized Agency and Provider Communications

(1) Research Phase. Authorized Agencies are encouraged to conduct research with Providers who can meet the State's needs. This research includes but is not limited to: meetings, industry presentations, and demonstrations with any Providers that, in the Agency's discretion, may be able to meet an Agency's need. Authorized Agencies must document the items discussed during the research phase of Solicitation development. The research phase ends the day of a Solicitation release or request for a Quote according to an Intermediate Procurement, unless the Solicitation or Intermediate Procurement provides for a different process that permits on-going research.

(2) Solicitation and Contracting Phase. Any communication between an Authorized Agency and Providers regarding a Solicitation, that occurs after the Solicitation release or request for a Quote and before the Award of a Contract, must only be made within the context of the Solicitation Document or Intermediate Procurement requirements (Communication). This Communication may allow for Discussions, Negotiations, Addenda, Providers' questions, and the Agency's answers to Providers' questions about terms and conditions, Specifications, Amendments, or related matters. During this phase, telephone conversations and meetings must be documented in the Procurement File. Written inquiries regarding the Solicitation should be responded to by the Authorized Agency in Writing. A record of all material Communications regarding the Solicitation by interested Providers must be made a part of the Procurement File according to OAR 125-246-0556.

History

Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070
Statutes/Other Implemented: ORS 279A.015, 279A.065(5)(a), 279A.070 & 279A.140
DAS 11-2009, f. 12-30-09, cert. ef. 1-1-10
DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05

Or. Admin. R. 125-246-0800 Selling or Leasing Supplies and Services; Policy; Applicability; Methods

(1) Policy. A sound and responsive Public Contracting system, according to ORS 279A.015, may include purchasing, selling, and leasing activities. By definition, a Public Contract includes sales and leases by Agencies according to ORS 279A.010(1)(z). The policies of ORS 279A.015 apply to public selling and leasing activities.

(2) Applicability. This Rule applies to the sales and leases of Supplies and Services. This Rule does not apply to residential property or the public selling activity of Agencies specifically exempted from the Public Contracting Code by another provision of law or specifically authorized to conduct public selling or leasing activity by another provision of law. The sale or lease of Supplies and Services includes but is not limited to: concessions, software rights, and personal property.

(3) Methods. Agencies must use a method, as feasible for selling or leasing, according to ORS 279B.055 through 279B.085. For the sale of Goods, the value of the sale transactions for the purpose of selecting the appropriate sourcing method must be based on the gross amount of receipts.

History

Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070
Statutes/Other Implemented: ORS 279A.010(x), 279A.015, 279A.050(1)(2), 279A.065(5)(a) & 279A.070
DAS 3-2012, f. 11-29-12, cert. ef. 12-1-12
DAS 6-2008, f. & cert. ef. 7-2-08
DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05

Or. Admin. R. 125-246-0900 Penalties

(1) Any violation of ORS 279A.140, 279A.280, or 279B.270 must be punished as described in 291.990, pursuant to 279A.990(1).

(2) Upon notice to the Department of an alleged violation pursuant to ORS 279A.990(1), the Department, at its own discretion, may provide to an individual of an Agency or an Agency an optional administrative process with an opportunity for remedy prior or parallel to a legal process leading to conviction or a Department certification leading to other penalties provided by ORS 291.990. This Rule and administrative process may address related considerations, including but not limited to:

(a) What specific actions are interpreted as violations giving rise to penalties;

(b) Applicability to individuals of Agencies and Agencies, regardless of whether delegated Authority existed pursuant to OAR 125-246-0170; and

History

Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070
Statutes/Other Implemented: ORS 279A.990
DAS 1-2023, amend filed 04/11/2023, effective 05/01/2023
DAS 6-2022, temporary amend filed 11/07/2022, effective 11/07/2022 through 05/05/2023
DAS 4-2013, f. 12-17-13, cert. ef. 1-1-14
DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05

Division 247 PUBLIC PROCUREMENT OF SUPPLIES AND SERVICES

Or. Admin. R. 125-247-0010 Policies

(1) ORS Chapter 279B and this division 247 apply the policies of 279A.015 to the Procurement of Supplies and Services. The seven sourcing methods for procurement, procedures, and legal remedies set forth in ORS Chapter 279B and these Rules simplify, clarify and modernize procurement practices so that they reflect the market place and industry standards. ORS Chapter 279B and this division 247 provide a Public Contracting structure that can take full advantage of evolving procurement methods as they emerge within various industries, according to ORS 279A.015(6).

(2) Specific procedures accompany each method, followed by a Section of general procedures. Authorized Agencies must comply with both the specific procedures of a method and general procedures.

(3) The responsibility of the Designated Procurement Officer and any delegatee of an Authorized Agency is to choose the appropriate sourcing methods in accordance with the Code, Rules, and policy, and arrive at offers that represent optimal value to the Agency and the State.

(4) Meaningful competition can be achieved through various strategies and sourcing methods when procuring Supplies and Services, and this competition must be reasonably calculated and demonstrated to satisfy the Authorized Agency’s and the State’s needs.

History

Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070
Statutes/Other Implemented: ORS 279B.010
DAS 6-2008, f. & cert. ef. 7-2-08
DAS 5-2006, f. & cert. ef. 5-31-06
DAS 9-2005, f. & cert. ef. 8-3-05
DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05

Or. Admin. R. 125-247-0100 Applicability

(1) In addition to the general requirements set forth in Division 246 of these Rules, the Rules in this Division 247 apply to Public Contracting for Supplies and Services. In the event of conflict or ambiguity, the more specific requirements of the Rules in this Division 247 take precedence over the more general requirements of the Rules in Division 246.

(2) The Rules implement the Oregon Public Contracting Code, as defined in ORS 279A.010, and this Division 247 of the Rules specifically addresses matters covered in ORS Chapter 279B.

(3) For purposes of these Division 247 Rules, the Department adopts the following Model Public Contract Rules, as revised and effective January 1, 2016:

OAR 137-047-0255, 137-047-0257, 137-047-0260, 137-047-0261, 137-047-0265, 137-047-0270, 137-047-0310, 137-047-0320, 137-047-0400, 137-047-0410, 137-047-0420, 137-047-0440, 137-047-0450, 137-047-0460, 137-047-0470, 137-047-0480, 137-047-0490, 137-047-0525, 137-047-0575, 137-047-0620, 137-047-0640, 137-047-0650, 137-047-0660, 137-047-0670, 137-047-0700, 137-047-0710, 137-047-0720, 137-047-0745, 137-047-0740, 137-047-0750, 137-047-0760, 137-047-0800, 137-047-0810.

History

Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070
Statutes/Other Implemented: ORS 279B.015
DAS 4-2015, f. 12-29-15, cert. ef. 1-1-16
DAS 3-2012, f. 11-29-12, cert. ef. 12-1-12
DAS 3-2011, f. 12-22-11, cert. ef. 1-1-12
DAS 6-2008, f. & cert. ef. 7-2-08
DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05

Or. Admin. R. 125-247-0110 Feasibility Determination, Cost Analysis and Department Report

(1) The Table of Contents for this Rule is as follows:

(a) Section 2: Generally

(b) Section 3: Feasibility Determination

(d) Section 5: Decision: Comparison of Compensation and Other Costs

(e) Section 6: Decision: Comparison of Agency and Contracting Costs

(f) Section 7: Department Evaluation and Report

(2) Generally.

(a) Before conducting a Procurement for Services, a State Contracting Agency, as defined in ORS 279A.010, (for purposes of this Rule, Agency) must, in the absence of a Feasibility Determination under Section (3) of this Rule, conduct a Written Cost Analysis under sections (4) through (6) of this rule (Cost Analysis).

(b) Responsibilities for the Conduct of the Cost Analysis.

(A) An Agency with Authority must conduct the Cost Analysis for its Agency-specific Procurements;

(B) An Agency without Authority must conduct the Cost Analysis for its Agency-specific Procurements to be procured by the Department;

(C) At the Department’s request, an Agency must contribute to the Cost Analysis for statewide Price Agreement Procurements; and

(D) The Department must conduct the Cost Analysis for statewide Price Agreement Procurements and Department-specific Procurements.

(c) This Rule applies to a Procurement for Services that the Agency estimates will result in one or more Contracts with a value that exceeds $250,000 for the estimated term of the Contract(s) (Value), including incidental costs related to the Services, and Amendments. Agencies must not fragment to avoid this threshold (see OAR 125-246-0630).

(d) If a Procurement is conducted in accordance with this Rule, an Award is made, and one or more Amendments then increase the estimated contract’s value over $250,000, a Cost Analysis is not required at that time.

(e) “Services” has the meaning as defined in OAR 125-246-0110, except that for purposes of this Rule only:

(A) “Services” does not include the services of an Architect, Engineer, Photogrammetrist, Transportation Planner, Land Surveyor or Provider of Related Services as defined in ORS 279C.100 as defined in ORS 279C.100; and

(B) “Services” does not include Client Services, defined in OAR 125-246-0110, as follows:

(i) “Client” means any individual, family or Provider:

(I) For whom an Agency must provide Services and incidental or specialized Goods, in any combination thereof (“Services and Incidental Supplies”), according to state, federal law, rule, and policy. Those Services and Incidental Supplies include but are not limited to treatment, care, protection, and support without regard to the proximity of the services being provided;

(II) Who in fact receives and utilizes services provided by an Agency primarily for that individual's or family's benefit;

(III) Who is under the custody, care, or both of the Agency; or

(IV) Who provides direct care or Services and is a proxy or representative of the non-Provider Client.

(ii) "Client Services" means any Services that directly or primarily support a Client, whether the Client is the recipient through the provision of voluntary or mandatory Services. Client Services also means any Goods that are incidental or specialized in relation to any Services defined in this Subsection. Client Services may include but are not limited to (where these terms are used in another statute, they must have that meaning):

(I) Housing, including utilities, rent or mortgage or assistance to pay rent, mortgage or utilities;

(II) Sustenance, including clothing;

(III) Employment training or Skills training to improve employability;

(IV) Services for people with disabilities;

(V) Foster care or foster care facilities;

(VI) Residential care or residential care facilities;

(VII) Community housing;

(VIII) In-home care including home delivered meals;

(IX) Medical care, services and treatment, including but not limited to:

(aa) Medical, Dental, Hospital, Psychological, Psychiatric, Therapy, Vision;

(bb) Alcohol and drug treatment;

(cc) Smoking cessation;

(dd) Drugs, prescriptions and non-prescription;

(ee) Nursing services and facilities;

(X) Transportation or relocation;

(XI) Quality of life, living skills training; or

(XII) Personal care; or

(XIII) Legal services and expert witnesses services;

(XIV) Religious practices, traditions and services, separately or in any combination thereof; and

(XV) Educational services.

(iii) The term "Client Services" does not include benefits or services provided as a condition of employment with an Agency.

(3) Feasibility Determination. An Agency may proceed with the Procurement of Services without conducting a Cost Analysis if the Agency makes Written findings that one or more of the Special Circumstances described in subsection (3)(b) make the Agency’s use of its own personnel and resources to provide the Services not feasible (Feasibility Determination).

(a) Approval of Feasibility Determination.

(A) The Designated Procurement Officer or delegate (DPO) of an Agency must approve the Feasibility Determination for its Procurement;

(B) The DPO of an Agency without A uthority must approve the Feasibility Determination for an Agency-specific Procurement to be procured by the Department on behalf of that Agency;

(C) The State Chief Procurement Officer must approve the Feasibility Determination for a statewide Price Agreement Procurement or Department-specific Procurement. At the Department’s request, DPOs must cooperate with the Department to prepare the findings for the Feasibility Determination for a statewide Price Agreement Procurement.

(b) Special Circumstances. Special Circumstances include any circumstances, conditions or occurrences that would make the Services, if performed by the Agency’s employees, incapable of being managed, utilized or dealt with successfully in terms of the quality, timeliness of completion, success in obtaining desired results, or other reasonable needs of the Agency. Special Circumstances may include, but are not limited to, the follow circumstances:

(A) Expertise. The DPO approves a determination that the Agency lacks the specialized capabilities, experience, or technical or other expertise necessary to perform the Services. In making the finding, the Agency must compare the Agency's capability, experience or expertise in the field most closely involved in performing the Services with a potential contractor's capability, experience or expertise in the same or a similar field.

(B) Funding Requirement. The terms under which the Agency receives a grant or other funds for use in a Procurement require the Agency to obtain Services through an independent contractor;

(C) Law Requirement. Other state or federal law requires the Agency to procure Services through an independent contractor;

(D) Real or Personal Property. The Procurement is for Services that are incidental to a contract for purchasing or leasing real or personal property, including service and maintenance agreements for equipment that is leased or rented;

(E) Conflict of Interest; Unbiased Review. The Agency cannot accomplish policy, administrative or legal goals, including but not limited to avoiding conflicts of interest or ensuring independent or unbiased findings in cases when using the Agency's existing personnel or persons the Agency could hire through a regular or ordinary process would not be suitable;

(F) Emergency Procurement. The Procurement is for Services to which the provisions of ORS 279B.080 apply;

(G) Delay. The Procurement is for Services, the need for which is so urgent, temporary or occasional that attempting to perform the Services with the Agency's own personnel or resources would cause a delay that would frustrate the purpose for obtaining the Services; and

(H) Services Completed within Six Months. The Services that the Agency intends to procure will be completed within six months after the date on which the contract for the Services is executed.

(c) Procurement File. All written determinations required in this section (3) must be made a part of the Procurement File in accordance with OAR 125-246-0556.

(4) Cost Analysis: Estimation of Agency and Contractor Data.

(a) Costs of Using Agency’s Own Personnel and Resources. The Agency must estimate the Agency's cost of performing the Services and consider cost factors that include:

(A) Salaries or Wages and Benefits. The salary or wage and benefit costs for the employees of the Agency who would be directly involved in performing the Services, to the extent those costs reflect the proportion of the activity of those employees in the direct provision of the Services. These costs include those salary or wage and benefit costs of the employees who inspect, supervise or monitor the performance of the Services, to the extent those costs reflect the proportion of the activity of those employees in the direct inspection, supervision or monitoring of the performance of the Services.

(B) Material Costs. The material costs necessary to the performance of the Services, including the costs for space, energy, transportation, storage, raw and finished materials, equipment and supplies used or consumed in the provision of the Services.

(i) Costs incurred in planning for, training for, starting up, implementing, transporting and delivering the Services.

(ii) Any costs related to stopping and dismantling a project or operation because the Agency intends to procure a limited quantity of Services or to procure the Services within a defined or limited period of time.

(iii) The miscellaneous costs related to performing the Services, including but not limited to reasonably foreseeable fluctuations in the costs for the items identified in this subsection (4)(a) over the expected duration of the Procurement. These costs exclude the Agency's indirect overhead costs for existing salaries or wages and benefits for administrators and exclude costs for rent, equipment, utilities and materials, except to the extent the cost items identified in this sentence are attributed solely to performing the Services and would not be incurred unless the Agency performed the Services.

(D) Other Information. The Agency’s costs described in this subsection (4)(a)(A) do not constitute an exclusive list of cost information. An Agency may consider other reliable information that bears on the cost to the Agency of performing the Services. For example, if the Agency has accounted for its actual costs of performing the Services under consideration, or reasonably comparable Services, in a relatively recent Services project, the Agency may consider those actual costs in making its estimate.

(b) Costs a Potential Contractor Would Incur. The Agency must estimate the cost a potential Contractor would incur in performing the Services and consider cost factors that include:

(A) Salaries or Wages and Benefits. The estimated salary or wage and benefit costs for a potential Contractor and potential Contractor’s employees who work in the business or industry most closely involved in performing the Services; and who would be necessary and directly involved in performing the Services or who would inspect, supervise, or monitor the performance of the Services.

(i) The Agency may, but is not required to, communicate with any actual Contractor for information related to this estimate (see OAR 125-246-0635).

(ii) The Agency may consider in making this estimate any public source of information, including but not limited to:

(I) Other Contracts of the Agency or another Agency for reasonably comparable services;

(II) Trade or other marketplace websites;

(III) Industry or professional associations and publications;

(IV) The Oregon Bureau of Labor and Industries or an agency of another jurisdiction that performs comparable functions; and

(V) A survey of Persons who provide reasonably comparable services by means, including but not limited to, Internet or telephone searches.

(C) Related Costs. The miscellaneous costs related to performing the Services. These miscellaneous costs include but are not limited to reasonably foreseeable fluctuations in the costs listed in subsections (4)(b)(A) through (C) over the expected duration of the Procurement.

(D) Other Information. The potential Contractor’s costs described in subsections (4)(b)(A) through (C) do not constitute an exclusive list of cost information. An Agency may consider other reliable information that bears on the costs a potential Contractor would incur. For example, if in the recent past, the Agency conducted a Solicitation that required cost information or permitted negotiation of price based on a cost analysis for Services reasonably comparable to the current Services, the Agency may use that cost information in estimating the costs of current Services.

(5) Decision: Comparison of Compensation and Other Costs.

(a) The Agency must compare:

(A) The Agency’s estimated costs under Subsection (4)(a) and

(B) The Contractor’s estimated costs under subsection (4)(b).

(b) Decision. If the Agency’s costs exceed the Contractor’s costs under Subsection (5)(a) for the sole reason that the Contractor’s costs for salaries or wages and benefits under Subsection (4)(b)(A) are lower than the Agency’s costs for salaries or wages and benefits under subsection (4)(a)(A), then the Agency may not conduct the Procurement.

(6) Decision: Comparison of Agency and Contracting Costs.

(a) If subsection (5)(b) does not apply, the Agency must compare:

(A) The Agency’s estimated costs under Subsection (4)(a) and

(B) The total estimated costs that the Agency would incur in procuring the Services from a Contractor (Contracting Costs).

(b) Profit Included. Contracting Costs include the Agency’s estimate of Contractor’s profit in addition to the estimate of Contractor’s costs under subsection (4)(b). If the Agency, in the reasonably near past, received Bids or Proposals for the performance of the Services under consideration, or reasonably comparable services, the Agency may consider the pricing offered in those Bids or Proposals in making its estimate. Similarly, the Agency may consider what it actually paid under a Contract for the same or similar services. For the purposes of these examples, the reasonably near past is limited to Contracts, Bids or Proposals entered into or received within the five (5) years preceding the date of the cost estimate. The Agency must take into account, when considering the pricing offered in previous Bids, Proposals, or Contracts, adjustments to the pricing in light of measures of market price adjustments that apply to the Services, such as the Consumer Price Indexes.

(c) Decision. If the Agency’s Contracting Cost under this section is lower than the Agency’s cost under subsection (4)(a), the Agency may conduct the Procurement. If the Agency’s Contracting Cost is higher than the Agency’s cost under subsection (4)(a), the Agency may not conduct the Procurement, unless the Exception of subsection (6)(d) applies.

(d) Exception Based on Lack of Agency Personnel and Resources; Reporting. If the Agency determines that it would incur less cost in providing the Services with its own personnel and resources, the Agency may still conduct the Procurement if, at the time the Agency intends to conduct the Procurement, the Agency determines that it lacks personnel and resources to perform the Services within the time the Agency requires the Services (Exception). When an Agency conducts a Procurement under this Exception, the Agency must:

(A) Make and keep a Written determination that it lacks personnel and resources to perform the Services within the time the Agency requires the Services and the basis for the Agency’s decision to conduct the Procurement;

(B) Obtain the Written approval by the DPO of the Agency of the Exception before conducting an Agency-specific Procurement or the Written approval by the CPO of the Exception before the Department conducts a Procurement.

(C) Provide to the Emergency Board, each calendar quarter, copies of each Cost Analysis, Exception, and any other records described in this Subsection (6)(d);

(D) Prepare a request to the Governor for an appropriation and authority necessary for the Agency to hire personnel and obtain resources necessary to perform the Services that the Agency procured under this Subsection (6)(d). The request must include a copy of the records that the Agency provided to the Emergency Board under Subsection (6)(d)(C).

(7) A State Contracting Agency that conducts a cost analysis in accordance with ORS 279B.033 or makes a determination under ORS 279B.036 in connection with a procurement for services related to information technology must provide the State Chief Information Officer and the Legislative Fiscal Office with copies of the final cost analysis the state contracting agency prepared under ORS 279B.033 or the final determination the state contracting agency made under ORS 279B.036. For purposes of this subsection, information technology is defined in ORS 291.045(1) and includes, but is not limited to, all present and future forms of hardware, software, and services for data processing, office automation, and telecommunications.

(8) The requirement to provide the materials described in subsection (7) to the State Chief Information Officer does not apply to the Secretary of State or the State Treasurer.

History

Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070
Statutes/Other Implemented: ORS 279B.030, 279B.033, 279B.036 & Or Laws 2016, ch 16 (SB 1539)
DAS 5-2023, amend filed 12/29/2023, effective 01/01/2024
DAS 1-2023, amend filed 04/11/2023, effective 05/01/2023
DAS 6-2022, temporary amend filed 11/07/2022, effective 11/07/2022 through 05/05/2023
DAS 4-2017, amend filed 12/28/2017, effective 01/01/2018
DAS 2-2016, f. 12-22-16, cert. ef. 1-1-17
DAS 3-2014, f. 12-29-14, cert. ef. 1-1-15
DAS 3-2012, f. 11-29-12, cert. ef. 12-1-12
DAS 11-2009, f. 12-30-09, cert. ef. 1-1-10

Or. Admin. R. 125-247-0165 Practices Regarding Electronic Goods Procurement

(1) ORS 279B.025 requires the Department to establish procurement practices that ensure, to the maximum extent economically feasible, Procurement of Goods that may be recycled or reused when discarded.

(2) The Department and Authorized Agencies must procure Electronic Goods in a manner that includes consideration of the impact of the electronic goods upon the environment and public health, in addition to consideration of economic and community interests, in accordance with goals of Sustainability pursuant to ORS 184.423. The Department and Authorized Agencies, separately or together, may:

(a) Consult with stakeholders to develop procedures or guidelines for Procurement of Electronic Goods; and

(b) Address policy and procedure decisions including but not limited to: recycling, relationship to Rules for State Surplus Property as set forth in OAR 125-246-0700 through 125-246-0730, Energy Star certifications, promote toxic use reduction, and the use of certain components such as mercury or lead that have detrimental impacts.

History

Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070
Statutes/Other Implemented: ORS 279B.025, 279B.270 & 279B.280
DAS 3-2018, amend filed 12/14/2018, effective 01/01/2019
DAS 3-2012, f. 11-29-12, cert. ef. 12-1-12
DAS 5-2006, f. & cert. ef. 5-31-06
DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05

Or. Admin. R. 125-247-0170 Life Cycle Costing

(1) Policy.

(a) Analysis. Life Cycle Costing provides a method of analysis, considering Sustainability and analyzing total cost of ownership as part of the best value of the purchased Goods (Products). The method applies to the development of Life Cycle Costing criteria for a Solicitation, collection of Product information about Life Cycle, evaluation of Offers, selection of Contractor(s), and award of Contract(s). Using this method, Agency does not award a Contract based solely on the lowest price, and a low Bid would include Life Cycle Costing.

(b) Planning. Agency must consider using Life Cycle Costing during planning for Competitive Sealed Bidding or Proposals. Life Cycle Costing is optional for other sourcing methods under this Division 247.

(c) Services Related to the Product. Agency may also consider the costs of Services related to a Product, including other Sustainability criteria.

(2) Definitions:

(a) “Life Cycle” means the life cycle of a Product, including conception, design, manufacture, service, and disposal. The design of the Product may allow for a repetitive lifecycle: material extraction, manufacturing/production, transportation, utilization/reuse, and disposal/recycling, which leads to the beginning of a new cycle.

(b) "Life Cycle Cost" means the total cost of acquiring, operating, supporting and (if applicable) disposing of the Product being acquired.

(c) "Life Cycle Costing" means an analysis method that quantifies Life Cycle Costs, including the costs of acquiring, operating, supporting and disposing of a Product. The method may also include any additional Costs that relate to adverse impacts of a Product, for example, impacts to the environment or public health.

(d) “Products” means goods, supplies, equipment, or materials.

(3) Life Cycle Costs. Life Cycle Costing considers the acquisition costs of a Product, and includes all associated costs of ownership, such as purchase price, shipping, maintenance and repair, longevity, and disposition costs at the end of life. For complex Products, several Contracts may be required and acquisition costs may involve research and development as well as production, delivery, and installation of the Product. Other costs expected to occur over the anticipated life of the Product may be added to the acquisition costs, based upon a reasonable determination by the Agency. Examples of other typical Life Cycle Costs include the following:

(a) Switching costs associated with changing from the current Product to another model or brand of the Product. Typically, such costs may include: removal, shipping, training, and replacement of peripheral equipment and consumables that support the Product. The Agency may also consider increased project management or additional transition time.

(b) Operating and support costs, including third party contract costs, associated with equipment, supplies, utilities, fuel, and services needed to operate and maintain an operational system.

(c) Disposal costs, including third party contract costs, associated with removing equipment from service and disposing of it. Evaluations that consider Life Cycle Cost should also consider any significant salvage, reuse, or resale value at the time of disposal.

(4) Solicitation Requirements. If Life Cycle Costing will be considered and applied, the Solicitation must:

(a) Describe to prospective Offerors how Life Cycle Costing will be considered and applied in the evaluation process and award decision.

(A) If the Agency plans to make an Award based solely on the lowest evaluated cost resulting from Life Cycle Costing, the Solicitation must describe an evaluation process that includes Life Cycle Costing. For example, an Invitation to Bid must include quantifiable total Life Cycle Costs as a part of the bid evaluation methodology and award, and the lowest total Life Cycle Cost would be considered the low Bid.

(B) If the Agency plans to make an Award based on an evaluation of other factors than the lowest cost, the Solicitation for Proposals or Quotes must describe an evaluation process that includes Life Cycle Costing. For example: (i) A Request for Proposals may include Life Cycle Costs as a part of the total points awarded for costs. All Life Cycle Costs will be calculated, and the lowest total Life Cycle Cost is awarded the maximum points allocated for cost in the Solicitation; or (ii) A Request for Proposals may separate Life Cycle Costs and assign to them a weight or points in addition to other defined costs and non-cost criteria in the evaluation process.

(b) Provide relevant information for the evaluation of the Offer; for example, projected Product usage, operating environment, and operating period.

(c) Describe the information that an Offeror must provide in the Offer, including relevant Life Cycle Costs and supporting information. Examples include:

(A) Average unit price, including production and operational costs,

(B) Delivery, shipping and transportation costs,

(D) Unit operating and support costs (for example, staffing and technical assistance, energy, parts requirements, scheduled maintenance, and training),

(E) Unit disposal costs (for example, the cost of removing equipment from the State facility),

(F) Unit salvage, reuse, or residual value,

(G) Any information related to testing, demonstrations, or interviews, and

(H) Other Product information related to Life Cycle and Sustainability.

(5) Solicitation Options. The Solicitation may:

(a) Provide for adjustments to the Life Cycle Costs if the costs continue over a period of years, for example, inflation or cost uncertainty, and

(b) Include third party estimates of a Product’s Life Cycle.

(6) Award Decision. The Agency must evaluate Offers only as set forth in the Solicitation and in accordance with OAR 125-247-0600.

History

Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070
Statutes/Other Implemented: ORS 279B.025, 279B.270 & 279B.280
DAS 3-2018, amend filed 12/14/2018, effective 01/01/2019
DAS 4-2013, f. 12-17-13, cert. ef. 1-1-14
DAS 6-2008, f. & cert. ef. 7-2-08
DAS 5-2006, f. & cert. ef. 5-31-06
DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05

Or. Admin. R. 125-247-0185 Approval of Information Technology or Telecommunications Procurements

(1) For any Procurement of Information Technology or Telecommunications with an anticipated Contract Price of $1,000,000.00 or more, a state agency, as defined in ORS 279A.010, must obtain prior Written approval from the State Chief Information Officer. In addition, and regardless of the anticipated Contract Price, a state agency, as defined in ORS 279A.010, must obtain any review or approval the State Chief Information Officer may require in accordance with ORS 184.477, 279A.050, 279A.075, and 279B.075 (HB 3099) or ORS 279B.030 (SB 1539).

(2) In accordance with OAR 125-247-0110(7), a State Contracting Agency that conducts a cost analysis in accordance with ORS 279B.033 or makes a determination under ORS 279B.036 in connection with a procurement for services related to information technology must provide the State Chief Information Officer and the Legislative Fiscal Office with copies of the final cost analysis the state contracting agency prepared under ORS 279B.033 or the final determination the state contracting agency made under ORS 279B.036. For purposes of this subsection, information technology is defined in ORS 291.045(1) and includes, but is not limited to, all present and future forms of hardware, software, and services for data processing, office automation, and telecommunications.

(3) The requirement to provide the materials described in subsection (2) to the State Chief Information Officer does not apply to the Secretary of State or the State Treasurer.

History

Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070
Statutes/Other Implemented: ORS 184.477, 279A.050, 279A.075, 279B.030 (SB 1539) & 279B.075 (HB 3099)
DAS 3-2018, amend filed 12/14/2018, effective 01/01/2019
DAS 4-2017, amend filed 12/28/2017, effective 01/01/2018
DAS 2-2016, f. 12-22-16, cert. ef. 1-1-17
DAS 4-2015, f. 12-29-15, cert. ef. 1-1-16

Or. Admin. R. 125-247-0200 Buy Decision and Methods of Source Selection

(1) Buy Decision. The Buy Decision means the decision to buy Supplies and Services through socio-economic programs, agreements, or the open market (Source). Agency is not required to make a Buy Decision based on the lowest price. See the specific law for the Authority to use each Source.

(2) Priority. Agencies must make their Buy Decision in the priority order set forth in subsections (a) through (e) and in accordance with applicable law (Priority). If a higher Priority Source satisfies a Procurement and law requires the use of that Source, the Agency must procure through that higher Priority Source and may not elect to procure through a lower Priority Source.

(a) Surplus Property. Procuring from surplus property promotes the efficient use of existing resources (see OAR 125-050-0100 through 125-050-0400).

(b) Oregon Forward Contractors (OFCs) (formerly known as Qualified Rehabilitation Facilities (QRFs). Procuring from OFCs assists individuals with disabilities through gainful employment (see ORS 279.835 through 279.855 and OAR 125-055-0005 through 125-055-0045).

(c) Inmate Labor. See the Oregon Constitution, Article I, Section 41, subsection 11, which encourages the use of inmate work programs.

(d) Oregon Small Business Enterprises (OSBEs). Procuring from an OSBE strengthens Oregon's economy, supports local jobs, and helps small businesses thrive. If the anticipated Procurement is a Small Procurement, the Authorized Agency must first attempt to contract with an OSBE in accordance with OAR 125-246-0230.

(e) Statewide Department Price Agreement. Economy and efficiency are promoted through volume and strategic purchases. Some Statewide Department Price Agreements are Mandatory Use Contracts, described in OAR 125-247-0296. To determine if a Price Agreement exists and whether it is mandatory, use OregonBuys or other Electronic Procurement System approved by the State Chief Procurement Officer and perform a “Statewide Contract Search” or an “Award Search” for “active” Contracts. Under ORS 279A.140, DAS has the procurement Authority to establish and administer statewide Price Agreements, and in accordance with the terms of each Price Agreement, DAS delegates to the Agencies the Authority to use these Statewide Department Price Agreements. A statewide Department Price Agreement should clearly state what, if any, threshold limitation applies to the delegated Authority to use the Price Agreement. If a Statewide Department Price Agreement is silent or unclear on the threshold limitation on the delegated Authority to use the Price Agreement, the Agency’s delegated Authority to use the Price Agreement is not to exceed $250,000, unless the Agency has Authority greater than $250,000 in a form in accordance with OAR 125-246-0165(4).

(3) ORS 190 Agreement. Section (2) does not apply to ORS 190 Agreements that promote the use of existing state resources, including an Interagency Agreement, Intergovernmental Agreement, Interstate Agreement, International Agreement, or Tribal Agreement (see OAR 125-246-0365). An Agency may elect to use an ORS 190 Agreement at any time.

(4) Open Market. If sections (2) and (3) do not apply, the Agency may procure Supplies and Services through the open market, using the methods provided under the Public Contracting Code, related Rules, and policies. See ORS 279AB, OAR 125-246 and 247.

(5) Methods of Source Selection. An Authorized Agency must award a Contract for Supplies and Services by one of the following seven sourcing methods in accordance with the Code and related Rules:

(a) Competitive Sealed Bidding according to ORS 279B.055;

(b) Competitive Sealed Proposals according to ORS 279B.060;

(d) Intermediate Procurement according to ORS 279B.070;

(e) Sole-Source Procurement according to ORS 279B.075;

(f) Emergency Procurement according to ORS 279B.080; or

(g) Special Procurement according to ORS 279B.085. A Cooperative Procurement in accordance with OAR 125-246-0400 substantially uses a Competitive Sealed Bidding or Competitive Sealed Proposals method.

(6) All State Contracting Agencies must comply with ORS 200.035, any applicable related Governor’s Executive Order regarding Oregon Minority-owned, Women-owned, Veteran-owned, and Emerging Small Businesses, and applicable related Department statewide policy.

History

Statutory/Other Authority: ORS 279A.065(6)(a), 279A.070 & Or Laws 2025, ch 483
Statutes/Other Implemented: ORS 279B.050 & Or Laws 2025, ch 483
DAS 3-2026, amend filed 06/16/2026, effective 07/01/2026
DAS 5-2023, amend filed 12/29/2023, effective 01/01/2024
DAS 1-2023, amend filed 04/11/2023, effective 05/01/2023
DAS 6-2022, temporary amend filed 11/07/2022, effective 11/07/2022 through 05/05/2023
DAS 3-2019, amend filed 12/23/2019, effective 01/01/2020
DAS 3-2018, amend filed 12/14/2018, effective 01/01/2019
DAS 3-2014, f. 12-29-14, cert. ef. 1-1-15
DAS 4-2013, f. 12-17-13, cert. ef. 1-1-14
DAS 11-2009, f. 12-30-09, cert. ef. 1-1-10
DAS 6-2008, f. & cert. ef. 7-2-08
DAS 5-2006, f. & cert. ef. 5-31-06
DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05

Or. Admin. R. 125-247-0255 Competitive Sealed Bidding

(1) See OAR 137-047-0255 and 137-047-0257.

(2) Regardless of OAR 137-047-0255 and 137-047-0257, Authorized Agencies must comply with the following provisions:

(a) Options. An Authorized Agency may use one or more or any combination of the processes described in this Rule.

(b) Public Notice. The Authorized Agency must provide public notice of the Competitive Sealed Bidding Solicitation as set forth in OAR 125-247-0305.

(c) Emerging Small Business. The Invitation to Bid must include the requirement, if applicable, for the awarded Bidder to obtain or subcontract labor, materials, or labor and materials from a supplier registered as an Emerging Small Business.

(d) Revised Rounds of Bidding.

(A) Process. Revised Rounds of Bidding means a process that begins with an initial round of Competitive Sealed Bidding according to OAR 125-247-0255 and may, at the discretion of the Authorized Agency, include successive rounds of Bidding in order for the Agency to gain the best Offer for purposes of Award. An Agency may revise the Solicitation's Specifications, terms and conditions, and pricing structure for successive rounds to best meet the State's needs. Bidders must be allowed adequate time to revise and resubmit their Bids in accordance with the requirements set forth in the newly revised Solicitation Document. At each successive round, the Agency may disregard its scoring of prior Bids and commence new scoring for the new Bids. The Agency must comply with the following procedures for this type of Solicitation:

(B) Revisions. The Agency may reject any Bid, after any round, because the Bid did not meet a minimum score or minimum set of requirements. The Agency may then proceed with a subsequent round that requires additional Bids to be submitted, based on different Specifications, terms and conditions, pricing structure, scoring model, references and set of award criteria, separately or in any combination thereof, in order to best meet the State's interests (Revisions). If any Revision is made by the Agency in any subsequent round, the Agency has the right, in its sole discretion, to permit any Bidder whose Bid was previously rejected to submit a new Bid, if the reason(s) for the rejection of the prior Bid by that Bidder no longer applies. Following clarifications and additional investigations, the Agency may reinstate or disqualify an Bidder at any stage of the evaluation process.

(C) Disclosures. The initial Solicitation Document must disclose that a Revised Rounds of Bidding process will or may be used. The Agency must give notice to all initial Bidders of any Revision(s) in the Specifications, terms and conditions, pricing structure, scoring model, and award criteria, separately or in any combination. If the Agency discloses any prices, terms or conditions offered by other Bidders, the Agency must give notice of these disclosures to the initial Bidders.

History

Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070
Statutes/Other Implemented: ORS 279B.055
DAS 3-2012, f. 11-29-12, cert. ef. 12-1-12
DAS 11-2009, f. 12-30-09, cert. ef. 1-1-10
DAS 6-2008, f. & cert. ef. 7-2-08
DAS 5-2006, f. & cert. ef. 5-31-06
DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05

Or. Admin. R. 125-247-0260 Competitive Sealed Proposals

(1) See OAR 137-047-0260 and 137-047-0261.

(2) Regardless of OAR 137-047-0260 and 137-047-0261, Authorized Agencies must comply with the following provisions:

(a) An Authorized Agency may use one or more or any combination of the procedures described in ORS 279B.060 and this Rule.

(b) In addition to the requirements in ORS 279B.060(2), the Request for Proposals must include the following:

(A) The form and instructions for submission of Proposals;

(B) A description of the procurement process, including but not limited to: optional process, evaluation, selection, and protest process.

(D) All applicable certifications of compliance with tax laws.

(c) Interviews. If the evaluation committee conducts interviews, it must award weights, points or other classifications indicated in the Request for Proposals for the anticipated interview.

(d) Competitive Range. The Authorized Agency may decrease the number of Proposers in the initial Competitive Range if the excluded Proposers have no reasonable chance to be the most Advantageous Proposer.

(e) The Authorized Agency may continue serial or simultaneous Negotiations until the Agency has determined:

(A) To award the Contract to the eligible Proposer with whom it is currently discussing or negotiating;

(B) To conduct Revised Rounds of Negotiations; or

(f) Revised Rounds of Negotiations.

(A) Process and Revisions. After publication of the original Request for Proposals, the Authorized Agency may conduct successive rounds of Proposals achieved through Negotiations to gain the best Proposal for purposes of Award. These Negotiations may concern the price, Specifications, and final terms and conditions, separately or in any combination. The Agency must treat all Proposers fairly. Before the start of each round of Negotiations, the Agency must disclose the parameters of that round of Negotiations. At that time, the Agency may revise the Solicitation's Specifications, terms and conditions, evaluation criteria and weight, and pricing structure in order to best meet the State's interests (Revisions). At each successive round, the Agency may disregard its scoring of prior Proposals and commence new scoring for the new Proposals. The Agency may eliminate any Proposal after a round because the Proposal did not meet a minimum score, or the Proposal was not susceptible to award, and then proceed with a subsequent round that requires additional Proposals based on the Revision(s). If any Revision is made by the Agency in any subsequent round, the Agency reserves the right, in its sole discretion, to permit any Proposer whose Proposal was previously eliminated to submit a new Proposal, if the reason(s) for the elimination of the prior Proposal no longer applies.

(B) Disclosures. The initial Solicitation Document must disclose that a Revised Rounds of Negotiation process will or may be used. The Agency must give notice to all initial Proposers of any Revision(s) in the Specifications, terms and conditions, pricing structure, scoring model, and award criteria, separately or in any combination. If the Agency discloses any prices, terms or conditions offered by other Proposers, the Agency must give notice of these disclosures to the initial Proposers.

History

Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070
Statutes/Other Implemented: ORS 279B.060
DAS 5-2023, amend filed 12/29/2023, effective 01/01/2024
DAS 3-2018, amend filed 12/14/2018, effective 01/01/2019
DAS 4-2015, f. 12-29-15, cert. ef. 1-1-16
DAS 3-2012, f. 11-29-12, cert. ef. 12-1-12
DAS 11-2009, f. 12-30-09, cert. ef. 1-1-10
DAS 6-2008, f. & cert. ef. 7-2-08
DAS 5-2006, f. & cert. ef. 5-31-06
DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05

Or. Admin. R. 125-247-0265 Small Procurements

(1) Generally. For Procurements of Goods or Services less than or equal to $25,000 an Authorized Agency may Award a Contract as a Small Procurement pursuant to ORS 279B.065.

(2) Amendments. An Authorized Agency may amend:

(a) A Contract Awarded as a Small Procurement before January 1, 2014 in accordance with OAR 125-247-0805, but the cumulative amendments must not increase the total Contract Price to a sum greater than $6,000;

(b) A Contract Awarded as a Small Procurement on or after January 1, 2014 and before January 1, 2024 in accordance with OAR 125-247-0805, but the cumulative amendments must not increase the total Contract Price to a sum greater than $12,500; and

(c) A Contract Awarded as a Small Procurement on or after January 1, 2024 may be amended in accordance with OAR 125-247-0805.

(3) All State Contracting Agencies must comply with ORS 200.035 and applicable related Department statewide policy.

History

Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070
Statutes/Other Implemented: ORS 279B.065
DAS 5-2023, amend filed 12/29/2023, effective 01/01/2024
DAS 3-2018, amend filed 12/14/2018, effective 01/01/2019
DAS 4-2013, f. 12-17-13, cert. ef. 1-1-14
DAS 3-2012, f. 11-29-12, cert. ef. 12-1-12
DAS 6-2008, f. & cert. ef. 7-2-08
DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05

Or. Admin. R. 125-247-0270 Intermediate Procurements

(1) See OAR 137-047-0270.

(2) Regardless of OAR 137-047-0270, Authorized Agencies must comply with the following provisions:

(a) Amendments. If the cumulative value of the original Contract Price and all Amendments exceeds $250,000, or one hundred twenty-five percent (125%) of the original Contract Price, whichever is greater, then the Authorized Agency must request and obtain prior approval of a Special Procurement in accordance with OAR 125-247-0287.

(b) Written Solicitation. Authorized Agencies are not required to use a Written Solicitation, unless an Agency’s Designated Procurement Officer requires a Written Solicitation. This Written Solicitation may allow revisions to the Solicitation and opportunity for protests, at the discretion of the Agency.

(A) The method used by the Agency; and

(B) Communications between the Agency and prospective Offerors.

(d) Borderline Procurements. If an Authorized Agency’s Designated Procurement Officer in good faith estimated that the Procurement would be equal to or less than $250,000, and learned thereafter that all of the Offers were minimally exceeding $250,000, this Procurement complies with ORS 279B.070 and this Rule upon the following conditions:

(A) The Designated Procurement Officer must document in the Procurement File the basis for the original estimate under $250,000 and the process used; and

(B) The Agency must comply with the remainder of ORS 279B.070 and this Rule.

(e) Notice on OregonBuys. The Agency must post on OregonBuys or other Electronic Procurement System approved by the State Chief Procurement Officer a notice that it is seeking at least three Offers.

(A) The Notice must provide:

(i) A general description of the Supplies and Services to be acquired;

(ii) Contact information;

(iii) An adequate time period in accordance with the DAS COBID (formerly MWESB) Policy; and

(iv) For Intermediate Procurements exceeding $100,000, the Time Period must be a reasonable interval of at least seven (7) calendar Days. Despite this Time Period, Authorized Agencies may determine that a shorter Time Period is in the public’s interest and that a shorter Time Period will not substantially affect competition. The Authorized Agency must document the specific reason for the shorter Time Period in the Procurement File in accordance with OAR 125-246-0556.

(B) OAR 125-247-0305 (Public Notice of Solicitation Documents) does not apply to Intermediate Procurements.

(f) Negotiations. An Authorized Agency may negotiate with an Offeror.

(g) Nothing in this Rule waives the Department of Justice legal sufficiency review if applicable under ORS 291.047.

(3) All State Contracting Agencies must comply with ORS 200.035 and applicable related Department statewide policy.

History

Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070
Statutes/Other Implemented: ORS 279B.070
DAS 5-2023, amend filed 12/29/2023, effective 01/01/2024
DAS 1-2023, amend filed 04/11/2023, effective 05/01/2023
DAS 6-2022, temporary amend filed 11/07/2022, effective 11/07/2022 through 05/05/2023
DAS 3-2019, amend filed 12/23/2019, effective 01/01/2020
DAS 3-2018, amend filed 12/14/2018, effective 01/01/2019
DAS 4-2015, f. 12-29-15, cert. ef. 1-1-16
DAS 4-2013, f. 12-17-13, cert. ef. 1-1-14
DAS 3-2012, f. 11-29-12, cert. ef. 12-1-12
DAS 11-2009, f. 12-30-09, cert. ef. 1-1-10
DAS 6-2008, f. & cert. ef. 7-2-08
DAS 5-2006, f. & cert. ef. 5-31-06
DAS 9-2005, f. & cert. ef. 8-3-05
DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05

Or. Admin. R. 125-247-0275 Sole-Source Procurements

(1) Generally. An Authorized Agency with delegated Authority according to OAR 125-246-0170 may award a Contract without a competitive process through a Sole-Source Procurement according to the requirements of ORS 279B.075, this Rule, and the policy of the Department. The Authorized Agency must make a determination of a sole source based upon Written findings of fact that the Supplies and Services are available from only one source.

(2) Findings of Fact. Findings of fact required under OAR 125-247-0275(1) may include:

(a) Compatibility. The efficient utilization of existing Supplies and Services requires the acquisition of compatible Supplies and Services from only one source. For example, compatibility may be implicated when: Supplies are required to directly interface with or attach to equipment of the same manufacturer and no other manufacturer’s Supplies will correctly interface with existing equipment; or when Services such as maintenance, warranty, project management, or systems integration are required to interface or integrate with existing Supplies and Services.

(b) Exchange of Software or Data. Specific Supplies and Services, which are available from only one source, may be required for the exchange of software or data with other public or private agencies. This finding may be particularly applicable when the Supplies and Services involve assets such as copyrights, patents, trademarks, and trade secrets.

(c) Pilot or Experimental Project. Supplies and Services are for the use in such projects, which may include but are not limited to research and economic development projects.

(d) Other findings that support the conclusion that Supplies and Services are available from only one source may include but are not limited to considerations of: unique design, availability, geographic location, exclusive authorized representative, cost of conversion, and warranty services.

(3) Market Research. ORS 279B.075 requires that the Authorized Agency “determines in writing” that the goods or services are “available from only one source.” This means that the Authorized Agency must conduct and document its market research before public notice described in Section (4) or (5).

(4) Contracts up to $250,000. For all Contracts awarded through Sole-Source Procurements over $25,000 and not exceeding $250,000:

(a) The Authorized Agency must place a public notice on OregonBuys or other Electronic Procurement System approved by the State Chief Procurement Officer of its determination that the Supplies and Services or class of Supplies and Services are available from only one source.

(b) The public notice must describe the Supplies and Services to be acquired through a Sole-Source Procurement and identify the prospective Contractor and include the date, time and place that protests are due.

(c) The Authorized Agency must give Affected Persons at least seven calendar (7) Days from the date of the public notice of the determination that the Supplies or Services are available from only one source to protest the determination under OAR 125-247-0710. If the Department is conducting the Sole-Source Procurement, then the Department is the Authorized Agency for purposes of this Rule.

(d) The Authorized Agency must obtain the Written approval of that Agency’s Designated Procurement Officer or delegatee before the Authorized Agency places a public notice on OregonBuys or other Electronic Procurement System approved by the State Chief Procurement Officer in accordance with this Section.

(5) Contracts over $250,000. For all Contracts exceeding $250,000:

(a) The Authorized Agency must place a public notice on OregonBuys or other Electronic Procurement System approved by the State Chief Procurement Officer in accordance with Subsections (4)(a)-(c); and if the Department is conducting the Sole-Source Procurement, then the Department is the Authorized Agency for purposes of this Rule; and

(b) The Authorized Agency must obtain the Written approval of the Chief Procurement Officer or delegatee before the Authorized Agency places a public notice on OregonBuys or other Electronic Procurement System approved by the State Chief Procurement Officer in accordance with this Section.

(6) Negotiation. According to ORS 279B.075 and to the extent reasonably practical, the Authorized Agency must negotiate with the sole source to obtain contract terms advantageous to the Authorized Agency.

(7) Protest. An Affected Person may protest the Authorized Agency's determination that the Supplies and Services or class of Supplies and Services are available from only one source in accordance with OAR 125-247-0710.

(8) Brand Name Requirements. If the findings of fact required under this Rule include a specification of a Brand Name, that specification must be in accordance with ORS 279B.215 and OAR 125-247-0691.

(9) Legal Sufficiency Review. When legal sufficiency review by the Attorney General is required under ORS 291.047, the Authorized Agency must seek this approval.

History

Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070
Statutes/Other Implemented: ORS 279B.075
DAS 5-2023, amend filed 12/29/2023, effective 01/01/2024
DAS 1-2023, amend filed 04/11/2023, effective 05/01/2023
DAS 6-2022, temporary amend filed 11/07/2022, effective 11/07/2022 through 05/05/2023
DAS 3-2019, amend filed 12/23/2019, effective 01/01/2020
DAS 2-2016, f. 12-22-16, cert. ef. 1-1-17
DAS 3-2012, f. 11-29-12, cert. ef. 12-1-12
DAS 11-2009, f. 12-30-09, cert. ef. 1-1-10
DAS 6-2008, f. & cert. ef. 7-2-08
DAS 5-2006, f. & cert. ef. 5-31-06
DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05

Or. Admin. R. 125-247-0280 Emergency Procurements

(1) An Authorized Agency may award a Contract as an Emergency Procurement under ORS 279B.080. An Authorized Agency has delegated Authority to enter into an Emergency Contract according to OAR 125-246-0170.

(2) An Authorized Agency may, in its discretion, enter into a Contract without competitive Solicitation if an Emergency exists. Emergency means circumstances that could not have been reasonably foreseen that create a substantial risk of loss, damage, interruption of services or threat to public health or safety that requires prompt execution of a Contract to remedy the condition.

(3) Regardless of the dollar value of the Contract, the Authorized Agency entering into an Emergency Contract must encourage competition that is reasonable and appropriate under the Emergency circumstances. However, for the emergency procurement of construction services that are not Public Improvements, see ORS 279B.080(2).

(4) Regardless of the dollar value of the Contract, the Authorized Agency entering into an Emergency Contract must, either before or promptly after entering into an Emergency Contract, make and retain in its Procurement File documentation of the nature of the Emergency that includes:

(a) A brief description of the Supplies and Services to be provided under the Contract, together with its cost or anticipated cost;

(b) A brief explanation of how the Contract, in terms of duration or Supplies and Services 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;

(c) A description of the emergency circumstances that require the prompt performance of the Contract, stating the anticipated harm from failure to establish the Contract on an expedited basis; and

(d) Documentation of the measures taken under Section (3) to encourage competition; the amounts of the Bids, Quotes or Proposals obtained, if any; and the reason for selecting the Contractor.

(5) The head of the Authorized Agency, or a person designated under ORS 279A.075, must authorize the conduct of the emergency procurement, and must review and approve the documentation required by Section (4) of this Rule.

(6) Any Contract awarded under this Rule must be awarded no later than sixty (60) days following the approval of the documentation of the emergency unless the head of the Authorized Agency or Person designated has granted an extension.

(7) Agencies must also comply with OAR 137-045-0070, Emergency Public Contract Exemption, if applicable. The Authorized Agency must maintain a copy of any required report in the Authorized Agency's Emergency Procurement File.

(8) For an Emergency Procurement of construction services that are not Public Improvements, the Authorized Agency must ensure competition for a contract for the emergency work that is reasonable and appropriate under the emergency circumstances. In conducting the Procurement, the Authorized Agency must set a solicitation time period that the Authorized Agency determines to be reasonable under the emergency circumstances and may issue Written or oral requests for Offers or make direct appointments without competition in cases of extreme necessity.

(9) 2009 “Go Oregon!” Economic Stimulus Package.

(a) Program. The 2009 “Go Oregon!” Economic Stimulus Package, Enrolled Senate Bill 338, House Bill 5562 and related legislative measures (Program), provides funding and direction to identified Authorized Agencies for deferred maintenance, capital construction, capital renewal, code compliance, safety, renovation, and other construction projects (Projects). The Program’s objective is to stimulate Oregon’s economy through job growth by providing opportunities to local businesses and certified minority, women and emerging small businesses. The Director of the Department has made a determination of emergency circumstances and documented the nature of the Emergency under the Program (Emergency Determination). Most of the Projects are not Public Improvements as defined in OAR 125-246-0110. ORS 279C.320 provides that ORS 279B.080 regulates these Projects.

(b) Application. Sections (2) through (6) of this Rule do not apply to Procurements and Contracts under the Program.

(c) Emergency Documentation. The Emergency Determination documents the nature of the Emergency on behalf of the Authorized Agencies to satisfy the requirement of ORS 279B.080. No further documentation that an Emergency exists is required of the Authorized Agencies.

(d) Authorization. The Designated Procurement Officer, or designee, of the Authorized Agency must authorize Procurements under the Program and may determine whether to excuse the requirement of furnishing a good and sufficient performance bond or payment bond.

(e) Procurement Processes. The Authorized Agencies may conduct expedited Emergency Procurement processes, including but not limited to: informal or formal requests for quotes, invitations to bid, and requests for proposals; special procurements; and direct awards. Any of these processes may be utilized regardless of project value.

(f) Project Documentation. The Authorized Agency must retain in its Procurement File(s) the following documentation of its Emergency Procurements and Contracts under the Program:

(A) Copies of all data requested by the Department;

(B) A brief description of the Project;

(C) A description of how the particular contractor was selected and the measures taken to encourage competition, if reasonable and appropriate under the emergency circumstances.

(D) A statement by the Designated Procurement Officer, or designee, excusing performance and payment bonds for the Project in accordance with ORS 279C.380(4), if applicable.

(g) Timing. The documentation described in Section (9)(f) may occur a reasonable time after the award of the Contract. No documentation is required before the award of the Contract.

(10) Other State Economic Stimulus Programs.

(a) Application. For any other state economic stimulus program that is administered by the Department or an Authorized Agency (State Program), Sections (9)(d) through (g) replace Sections (2) through (6) of this Rule and apply to the State Program on the following condition: the Department or Authorized Agency determines that the State Program is in response to adverse economic circumstances.

(b) Emergency Determination and Documentation. The Director of the Department may make an emergency determination and document the nature of the Emergency on behalf of Authorized Agencies. Regardless of any determination by the Director of the Department, an Authorized Agency may make an emergency determination and document the nature of the Emergency on that Agency’s behalf and in accordance with ORS 279B.080.

(11) Federal Economic Stimulus Programs.

(a) Application. For any federal economic stimulus program that is administered by the Department or an Authorized Agency (Federal Program), Sections (9)(d) through (g) replace Sections (2) through (6) of this Rule and apply to the Federal Program upon the following condition: the Department determines that the Federal Program is in response to adverse economic circumstances.

(12) Amendment. An Authorized Agency may modify a Contract awarded as an Emergency Procurement if the emergency justification for entering into the Contract still exists, and the Amendment is necessary to address the continuing emergency. This modification may be made by change order or Amendment to address the conditions described in the original declaration or an amended declaration that further describes additional Work necessary and appropriate for related Emergency circumstances.

History

Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070
Statutes/Other Implemented: ORS 279B.080 & 279C.320
DAS 1-2023, amend filed 04/11/2023, effective 05/01/2023
DAS 6-2022, temporary amend filed 11/07/2022, effective 11/07/2022 through 05/05/2023
DAS 3-2012, f. 11-29-12, cert. ef. 12-1-12
DAS 11-2009, f. 12-30-09, cert. ef. 1-1-10
DAS 9-2009, f. & cert. ef. 8-11-09
DAS 5-2009(Temp), f. & cert. ef. 2-13-09 thru 8-12-09
DAS 6-2008, f. & cert. ef. 7-2-08
DAS 5-2006, f. & cert. ef. 5-31-06
DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05

Or. Admin. R. 125-247-0285 Special Procurements; Purpose and Application

(1) Generally. An Authorized Agency may award a Contract as a Special Procurement pursuant to the requirements of ORS 279B.085.

(2) Purpose. Pursuant to ORS 279B.085, these Rules establish the criteria for procuring Supplies and Services through Special Procurements by the Department and Authorized Agencies. Authorized Agencies must have delegated Authority pursuant to OAR 125-246-0170.

History

Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070
Statutes/Other Implemented: ORS 279B.085
DAS 1-2023, amend filed 04/11/2023, effective 05/01/2023
DAS 6-2022, temporary amend filed 11/07/2022, effective 11/07/2022 through 05/05/2023
DAS 3-2012, f. 11-29-12, cert. ef. 12-1-12
DAS 5-2006, f. & cert. ef. 5-31-06
DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05

Or. Admin. R. 125-247-0286 Special Procurements; Definitions

As used in this Section and ORS 279B.400:

(1) "Class Special Procurement" means a contracting procedure that differs from the procedures described in ORS 279B.055, 279B.060, 279B.065 and 279B.070 and is for the purpose of entering into a series of Contracts over time or for multiple projects.

(2) "Contract-specific Special Procurement" means a contracting procedure that differs from the procedures described in ORS 279B.055, 279B.060, 279B.065 and 279B.070 and is for the purpose of entering into a single Contract or a number of related Contracts on a one-time basis or for a single project.

(3) "Special Procurement" means, unless the context requires otherwise, a class Special Procurement, a contract-specific Special Procurement or both.

History

Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070
Statutes/Other Implemented: ORS 279B.085
DAS 6-2008, f. & cert. ef. 7-2-08
DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05

Or. Admin. R. 125-247-0287 Special Procurements; Request Procedures

(1) Approval. An Authorized Agency may request approval of its new or amended Special Procurement from the State Chief Procurement Officer. The request must describe one or more particular Contracts or class of Contracts and use the form designated in OregonBuys or other Electronic Procurement System approved by the State Chief Procurement Officer. A request for a Special Procurement concerns the procurement process only, and the Authority to use the Special Procurement is determined under OAR 125-246-0170.

(2) Requests. Special Procurement Requests must contain the following:

(a) Request must include reason(s) why Agency has elected to use Special Procurement and how it will benefit the Agency or the public.

(b) The Request must include findings, market research, or other documentation that the Special Procurement:

(A) Is unlikely to encourage favoritism in the awarding of Public Contracts or to substantially diminish competition for Public Contracts, and

(B) Either:

(i) Is reasonably expected to result in substantial cost savings to the Agency or to the public; or

(ii) Otherwise substantially promotes the public interest in a manner that could not practicably be realized by complying with requirements that are applicable under ORS 279B.055, 279B.060, 279B.065 or 279B.070 or under any related Rules.

(c) The alternative process designed by the Agency must be clear and complete, including a description of the Supplies and Services that are the subject of the Special Procurement, provisions for advertisement, a procurement process, including provisions for Amendment and criteria for selection, and the proposed contract document.

(d) The State Chief Procurement Officer may require any additional information deemed necessary to evaluate the Agency's request for approval of a Special Procurement.

(3) Effect. The Special Procurement approval is effective only after the State Chief Procurement Officer's approval of the findings and Request and completion of the Public Notice required under section (4) of this Rule.

(4) Public Notice. The Public Notice process and requirements are as follows:

(a) General. The requesting Authorized Agency must give public notice of the approval of its Special Procurement as required under ORS 279B.085(5) and in accordance with this Rule, unless otherwise directed by the State Chief Procurement Officer (Public Notice). As a Written condition to approval of the Special Procurement, the State Chief Procurement Officer may require that the Department instead of the requesting Agency give the Public Notice.

(b) Content. The Public Notice must at least describe the Supplies and Services or class of Supplies and Services to be acquired through the Special Procurement.

(A) Public Notice of the approval of the Special Procurement must be given at least seven (7) Days before the commencement of the Special Procurement.

(B) If the Special Procurement involves one or more Solicitations, the Solicitation Document must either include the attached request and approval of the Special Procurement or incorporate the request and approval by reference with the documents easily accessible to Affected Persons.

(d) An Agency may request certain information to be withheld from the public notice requirement of this Rule in cases where confidentiality or security may be jeopardized only according to an exception under the Public Records Law (ORS 192.410 through 192.505).

(5) Protest. An Affected Person may protest the approval of a Special Procurement in accordance with ORS 279B.400 and OAR 125-247-0700.

(6) Reference. Any Solicitation or Contract resulting from a Special Procurement approval must contain a reference to the number of the approved Special Procurement.

(7) Conditions. If the State Chief Procurement Officer provides Written approval of the proposed Special Procurement (Approval), the Authorized Agency must award any Contract under the Special Procurement in accordance with the conditions of this Approval and any subsequent amendments to the Approval. The Approval may include conditions, including but not limited to expiration, Public Notice and dollar limitations, and may be revoked at any time by the State Chief Procurement Officer.

(8) If an Authorized Agency competitively solicits, it must comply with the process described in the Special Procurement or the Rules for that method of Solicitation according to ORS 279B.055 through 279B.070 and 279A.200 et seq.

(9) Nothing in this Rule exempts the Agency from obtaining the approval of the Attorney General for legal sufficiency according to ORS 291.047.

(10) All State Contracting Agencies must comply with ORS 200.035 and applicable related Department statewide policy, despite this Rule.

(11) If an Authorized Agency intends to award a Contract through a Special Procurement that calls for competition among prospective contractors, the Authorized Agency must award the Contract to the Offeror the Authorized Agency determines to be the most advantageous to the Authorized Agency.

(12) Reporting. An Authorized Agency must comply with ORS 279A.165, including but not limited to:

(a) Application. This section (12) applies to all Special Procurements advertised or otherwise solicited on or after January 1, 2012.

(b) Records. An Authorized Agency must maintain records about its Special Procurements that enable the Agency to determine and provide to the State Chief Procurement Officer at least the following information:

(A) The name of the Agency that conducted each Special Procurement;

(B) The number of Special Procurements the Agency conducted;

(D) A summary of the reasons that the Agency decided to conduct each Special Procurement;

(E) A descriptive summary of the procurement procedure used to conduct the Special Procurement, noting whether the procedure was competitive or not;

(F) A listing of the number of Offers the Agency received if the Special Procurement procedure was competitive;

(G) The Contract Price or estimated Contract Price for each Contract awarded through a Special Procurement;

(H) A summary of the protests or other responses to the approval of each Special Procurement that the Agency received; and

(I) A summary of the disposition of the protests or other responses described in subsection 12(b)(H).

(c) Reports. Authorized Agencies must provide to the State Chief Procurement Officer the information in section (12)(b) of this Rule.

(A) Form. Agencies must report on a form approved by the State Chief Procurement Officer.

(B) Timing. Agencies must deliver regular reports on the approved form to the State Chief Procurement Officer no later than the dates announced by the State Chief Procurement Officer.

(d) Section (12) of this Rule is effective on the date of the filing of this amended Rule.

History

Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070
Statutes/Other Implemented: ORS 279A.165 & 279B.085
DAS 1-2023, amend filed 04/11/2023, effective 05/01/2023
DAS 6-2022, temporary amend filed 11/07/2022, effective 11/07/2022 through 05/05/2023
DAS 3-2019, amend filed 12/23/2019, effective 01/01/2020
DAS 3-2018, amend filed 12/14/2018, effective 01/01/2019
DAS 2-2016, f. 12-22-16, cert. ef. 1-1-17
DAS 3-2014, f. 12-29-14, cert. ef. 1-1-15
DAS 3-2012, f. 11-29-12, cert. ef. 12-1-12
DAS 11-2009, f. 12-30-09, cert. ef. 1-1-10
DAS 6-2008, f. & cert. ef. 7-2-08
DAS 5-2006, f. & cert. ef. 5-31-06
DAS 9-2005, f. & cert. ef. 8-3-05
DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05

Or. Admin. R. 125-247-0288 Special Procurements; by Rule

(1) Requirements.

(a) Authorized Agencies entering into a Contract under this Rule must use competitive methods wherever possible to achieve best value and must document in Agency policy or the Procurement File the reasons why a competitive process was deemed to be impractical.

(b) The resulting Contract must be in Writing and the Authorized Agency Procurement File must document the use of this Special Procurement Rule by number to identify the sourcing method.

(A) Post notice on OregonBuys or other Electronic Procurement System approved by the State Chief Procurement Officer.

(B) Obtain the Department of Justice legal sufficiency approval;

(D) Use Solicitation Document templates, Contract forms or Contract templates approved by DOJ and the State Chief Procurement Officer;

(E) Report all Special Procurements;

(F) Comply with the training and certification requirements of the Code, these Rules, and Department policies; and

(G) Comply with the reporting requirements of ORS 279A.165 and these Rules.

(2) Client Placement and Client Health Care Services.

(a) Authorization and Application. An Authorized Agency with delegated Authority under OAR 125-246-0170 may use this Special Procurement by Rule to enter into Written agreements for Client Placement and Client Health Care services, as described in this Rule. When an Authorized Agency determines that a need exists to secure or maintain Client Placement Services or to secure Client Health Care Services, the Authorized Agency may contract subject to the following definitions and conditions of this Section (1).

(A) "Client Placement Services" means securing, enhancing, or continuing the placement of a Client in a structured family-like setting or residential setting operated by a qualified Provider.

(B) "Client Health Care Services" means health care services or provision of incidental or specialized supplies related to the health of a Client. Client Health Care Services include but are not limited to: preventive, diagnostic, therapeutic, behavioral, rehabilitative, maintenance, or palliative care and counseling services, assessment, or procedure with respect to the physical or mental condition, or functional status of a Client, or that affect the structure or function of the body; and the sale or dispensing of a drug, device, equipment, or other item in accordance with a prescription.

(C) Services that may prevent a placement or placement disruption but that cannot definitively be classified as Client Placement Services by the Authorized Agency are deemed to be Client Placement Services and are subject to the Special Procurement approved under this Rule.

(D) This Special Procurement for Client Placement Services and Client Health Care Services may include the following required or necessary to perform the Client Placement Services and Client Health Care Services under the Contract:

(i) Training and speaker services;

(I) "Training" means a provider in a role that provides professional training, seminar or conference services that direct the growth of learners by making them qualified, informed, or proficient in a skill, task, attitude, system, or process. The trainer works from a structured design based on learning objectives. The trainer may utilize coaching, instructing, and facilitating techniques to accomplish the learning objective.

(II) "Speaker" means a provider in the role of a lecturer, presenter, keynote, or speechmaker on a topic in which he or she has expertise; a Speaker addresses groups of people in a structured, deliberate, manner intended to inform or influence the participants. A Speaker's services is different from the services of a trainer or facilitator.

(ii) Memberships in professional or community organizations, institutions, or associations;

(iii) Accreditations or certifications; and

(iv) Copyrighted materials where there is only one known supplier available for such materials. This includes but is not limited to new books, workbooks, periodicals, subscriptions, curriculum materials, reference materials, and audio and visual media available only from a particular publisher or its designated distributor.

(b) Authorized Agencies must execute a Contract or amendment to an existing Contract within 180 days of obtaining the Client Placement Services or Client Health Care Services as defined herein. Should the Authorized Agency fail to execute the Contract within this specified period, then the Authorized Agency may execute the Contract if:

(A) A Written statement of justification that describes the unforeseen or unavoidable circumstances that were reasonably unanticipated and preclude the Authorized Agency from executing the Contract within the initial 180 day period; and

(B) A copy of the Written justification is maintained in the Procurement File.

(c) The Authorized Agency may not make any payments for Client Placement Services or Client Health Care Services before obtaining all requisite approvals of the Contract.

(d) An Authorized Agency may:

(A) Use one of the defined source selection methods as found in OAR 125-247-0200. If an Authorized Agency elects to use one of the defined source selection methods, it must conduct it in accordance with the Code, Rules and Department policies; or

(B) The Authorized Agency may elect to create its own source selection method. If an Authorized Agency elects to create its own source selection method, it must document the file describing why the alternate method was selected.

(e) The Authorized Agency must ensure that all Procurement personnel responsible for procuring Placement Services or Client Health Care Services are provided training on the conditions and limitations of this Rule.

(f) Contract and Amendment Forms.

(A) Original Forms. Authorized Agencies must use a Contract form and Amendment form (Form) approved by the State Chief Procurement Officer when acquiring Client Placement Services or Client Health Care Services according to this Rule. The State Chief Procurement Officer may approve the Form by facsimile, email, letter or any other method that provides an objective means to verify its approval. The Authorized Agency must review the approved Form at least every two years.

(B) Revised Forms.

(i) Designated Procurement Officer Approval up to $250,000. For revised Forms up to a cumulative value of $250,000 and before an Authorized Agency may use a revised Form, it must obtain its Designated Procurement Officer’s approval of any revisions to a Form’s terms and conditions. The Designated Procurement Officer’s approval is not required for revisions to Form exhibits that are unrelated to terms and conditions.

(ii) Department of Justice Approval. Before an Authorized Agency may use a revised Form, it must obtain Department of Justice approval of any revisions to the revised Form’s terms and conditions. The Department of Justice approval is not required for revisions to Form exhibits that are unrelated to terms and conditions. The Department of Justice approval may be delivered by facsimile, email, letter or any other objective means of approval. Upon an Authorized Agency's request, the Department of Justice may approve a revised Form for repeated use for a specific class or classes of transactions.

(g) Nothing in this Rule exempts the Authorized Agency from obtaining the approval of the Attorney General for legal sufficiency according to ORS 291.047.

(3) Client Services Source Selection.

(a) An Authorized Agency with delegated Authority under OAR 125-246-0170 may use this Special Procurement Rule.

(b) The State Chief Procurement Officer waives the source selection requirements as found in OAR 125-247-0200 for Authorized Agencies to procure Client Services, as Client and Client Services are defined in OAR 125-246-0110.

(c) The Authorized Agency is urged to solicit for Client Services when there is known competition. Under these circumstances, the Authorized Agency may:

(A) Use one of the defined source selection methods as found in OAR 125-247-0200. If an Authorized Agency uses one of the defined source selection methods, it must conduct it in accordance with the Code, Rules and Department policies; or

(B) The Authorized Agency may elect to create its own source selection method. If an Authorized Agency creates its own source selection method, it must document the file describing why the alternate method was selected. This Subsection (2)(c) does not apply to Section (1) above.

(d) This Special Procurement for Client Services may include the following required or necessary to perform the Client Services under the Contract:

(A) Training and speaker services;

(i) "Training" means a provider in a role that provides professional training, seminar or conference services that direct the growth of learners by making them qualified, informed, or proficient in a skill, task, attitude, system, or process. The trainer works from a structured design based on learning objectives. The trainer may utilize coaching, instructing, and facilitating techniques to accomplish the learning objective.

(ii) "Speaker" means a provider in the role of a lecturer, presenter, keynote, or speechmaker on a topic in which he or she has expertise; a Speaker addresses groups of people in a structured, deliberate, manner intended to inform or influence the participants. A Speaker's services is different from the services of a trainer or facilitator.

(B) Memberships in professional or community organizations, institutions, or associations;

(D) Copyrighted materials where there is only one known supplier available for such materials. This includes but is not limited to new books, workbooks, periodicals, subscriptions, curriculum materials, reference materials, and audio and visual media available only from a particular publisher or its designated distributor.

(4) Renegotiations of Existing Contracts with Incumbent Contractors.

(a) Authorization. An Authorized Agency with delegated Authority under OAR 125-246-0170 may use this Special Procurement by Rule to renegotiate and amend an existing Contract with an incumbent Contractor within the term of the contract, when market conditions have changed and it is in the best interest of the State.

(b) Process and Criteria. The Authorized Agency may renegotiate various items of the Contract, including but not limited to: price, term, delivery and shipping, order size, item substitution, warranties, discounts, on-line ordering systems, price adjustments, product availability, product quality, and reporting requirements. The Authorized Agency must post notice on OregonBuys or other Electronic Procurement System approved by the State Chief Procurement Officer. Nothing in this Rule waives the Department of Justice legal sufficiency review if applicable under ORS 291.047. The Authorized Agency must meet the following conditions in its Renegotiations with incumbent Contractors:

(A) Favorable Result. The Authorized Agency must determine that, with all things considered, the renegotiated Contract is at least as favorable to the State as the Original Contract and document this in the Procurement File. For example, the Authorized Agency and the Contractor may adjust terms and conditions within the Original Contract to meet different needs;

(B) Within the Scope. The Supplies and Services provided under the renegotiated Contract must be reasonably related to the Original Contract's Solicitation. For example, the Authorized Agency may accept functionally equivalent substitutes for any Supplies and Services in the Original Contract's Solicitation;

(C) Optional Term or Condition. If a Contractor offered to the Authorized Agency during the original Solicitation a term or condition that was rejected at that time, (for the purpose of this Subsection only, Rejected Term or Condition), the Authorized Agency may not renegotiate for a lower price based on this Rejected Term or Condition as a mandatory term or condition in the renegotiated Contract. If, however, a Contractor offers a lower price according to a Rejected Term or Condition without additional consideration from the Authorized Agency and as only an option to the Authorized Agency, then the Authorized Agency may accept the option of a lower price under the Rejected Term or Condition. For example, if the Authorized Agency initially rejected a Contractor's proposed Condition that the price required a minimum order, any renegotiated Contract may not mandate this Condition; but the Authorized Agency may agree to the option to order lesser amounts or receive a reduced price based upon a minimum order; and

(D) Market. In order to avoid encouraging favoritism or diminishing competition, the Authorized Agency must research the accepted competitive practices and expectations of Offerors within the market for the specific Contract(s) or Classes of Contracts to be renegotiated (Market Norm). The Authorized Agency must document the results of the Market Norm research in the Procurement File. Based upon this information, the Authorized Agency must confirm that, if the Authorized Agency follows the Market Norm, favoritism is not likely to be encouraged, competition is not likely to be diminished, and substantial cost savings may be realized. Under no condition may the Authorized Agency accept or follow any Market Norm that likely encourages favoritism or diminishes competition, even if it is accepted or expected in the market.

(5) Advertising Contracts.

(a) Authorization. An Authorized Agency with delegated Authority under OAR 125-246-0170 may use this Special Procurement by Rule to purchase media advertising, regardless of dollar value, without competitive bidding, according to OAR 125-246-0170.

(b) Process and Criteria. Authorized Agencies must use competitive methods where practicable to achieve best value and must document in Agency policy or the Procurement File the reasons why a competitive process was deemed to be impractical. If the anticipated purchase exceeds $10,000 and a competitive method is used, the Authorized Agency must post notice on OregonBuys or other Electronic Procurement System approved by the State Chief Procurement Officer. The resulting Contract must be in Writing and the Authorized Agency Procurement File must document the use of this Special Procurement Rule by number to identify the sourcing method. Nothing in this Rule waives the Department of Justice legal sufficiency review if applicable under ORS 291.047.

(6) Equipment Repair and Overhaul.

(a) Authorization. An Authorized Agency with delegated Authority under OAR 125-246-0170 may use this Special Procurement by Rule for equipment repair and overhaul, as described in this Rule.

(b) Conditions. An Authorized Agency, having delegated purchasing Authority according to OAR 125-246-0170, may enter into a Public Contract for equipment repair or overhaul without competitive bidding, subject to the following conditions:

(A) Service or parts required are unknown and the cost cannot be determined without extensive preliminary dismantling or testing; or

(B) Service or parts required are for sophisticated equipment for which specially trained personnel are required and such personnel are available from only one source; and

(c) Process and Criteria. Authorized Agencies must use competitive methods where practicable to achieve best value and must document in Agency policy or the Procurement File the reasons why a competitive process was deemed to be impractical. If the anticipated purchase exceeds $10,000 and a competitive method is used, the Authorized Agency must post notice on OregonBuys or other Electronic Procurement System approved by the State Chief Procurement Officer. The resulting Contract must be in Writing and the Authorized Agency Procurement File must document the use of this Special Procurement Rule by number to identify the sourcing method. Nothing in this Rule waives the Department of Justice legal sufficiency review if applicable under ORS 291.047.

(7) Contracts for Price Regulated Items.

(a) Authorization. An Authorized Agency with delegated Authority under OAR 125-246-0170 may use this Special Procurement by Rule for the Procurement of price regulated items, and the Authorized Agency must comply with the conditions of this Rule. An Authorized Agency having delegated purchasing Authority according to OAR 125-246-0170 may, regardless of dollar value and without competitive bidding, contract for the direct purchase of Supplies and Services where the rate or price for the Supplies and Services being purchased is established by federal, state, or local regulatory Authority.

(8) Investment Contracts.

(a) Authorization. An Authorized Agency with delegated Authority under OAR 125-246-0170 may use this Special Procurement by Rule for investment Contracts, including related Contracts arising from or giving rise to investment opportunities (collectively, investment Contracts), as described in this Rule. An Authorized Agency may, without competitive bidding, and regardless of dollar amount, contract for the purpose of the investment of public funds or the borrowing of funds by the Authorized Agency when such investment or borrowing is contracted according to duly enacted statute, or constitution.

(9) Food Contracts.

(a) Intent. The intent of this Rule is to provide a method for Authorized Agencies to procure food products, which are available for a limited period of time at "lower than normal" prices (also referred to as "spot buys") (Food Contracts).

(b) Authorization. An Authorized Agency with delegated Authority under OAR 125-246-0170 may use this Special Procurement by Rule for the Procurement of Food Contracts, and the Authorized Agency must comply with the conditions of this Rule.

(c) Conditions. An Authorized Agency may procure an unlimited dollar value of food using a competitive bid or quote process when all of the following conditions are present:

(A) The proposed unit price of the item(s) to be purchased is significantly less than a comparable item's price on an existing Mandatory Use Contract or any recent bid and the amount saved exceeds any additional administrative costs incurred to purchase using this Special Procurement;

(B) The product being purchased has limited availability (i.e., the product may no longer be available upon completion of normal bid processes); and

(C) The purchase does not jeopardize fulfillment of a guaranteed minimum volume under an existing Mandatory Use Contract.

(d) Documentation. Purchases may only be made under this Special Procurement after the Authorized Agency documents the following in its Procurement File in accordance with OAR 125-246-0556: the Authorized Agency's attempt and method to obtain Quotes from at least three sources; the Written Quote or Bid, if obtained; item Specifications; quantity; unit pricing; delivery; and other pertinent information. Contract or bid pricing used for comparison must be representative of current pricing available and must have been obtained or confirmed no more than six (6) months before the current purchase. When practical, Written Quotes are recommended.

(e) Process and Criteria. Authorized Agencies must use competitive methods where practicable to achieve best value and must document in Agency policy or the Procurement File the reasons why a competitive process was deemed to be impractical. If the anticipated purchase exceeds $10,000 and a competitive method is used, the Authorized Agency must post notice on OregonBuys or other Electronic Procurement System approved by the State Chief Procurement Officer, except when the competitive method involves verbal Quotes for perishable food. The resulting Contract must be in Writing and the Authorized Agency Procurement File must document the use of this Special Procurement Rule by number to identify the sourcing method. Nothing in this Rule waives the Department of Justice legal sufficiency review if applicable under ORS 291.047.

(10) Purchase of Used Personal Property.

(a) Authorization. An Authorized Agency with delegated Authority under OAR 125-246-0170 may use this Special Procurement by Rule Subject to the provisions of this Rule, an Authorized Agency may purchase used property or equipment without competitive bidding and without obtaining Quotes, if, at the time of purchase, the Agency has determined and documented that the purchase will (i) be unlikely to encourage favoritism or diminish competition; and (ii) result in substantial cost savings or promote the public interest. "Used personal property or equipment" means the property or equipment which has been placed in its intended use by a previous owner or user for a period of time recognized in the relevant trade or industry as qualifying the personal property or equipment as "used," at the time of the Authorized Agency purchase. "Used personal property or equipment" generally does not include property or equipment if the Authorized Agency was the previous user, whether under a lease, as part of a demonstration, trial or pilot project, or similar arrangement.

(b) Process and Criteria.

(A) For purchases of used personal property or equipment not exceeding $250,000, Authorized Agencies having delegated Authority according to OAR 125-246-0170, must, where feasible, obtain three Quotes, unless the Authorized Agency has determined and documented that a purchase without obtaining Quotes will result in cost savings to the Authorized Agency and will not diminish competition or encourage favoritism.

(B) For purchases of used personal property or equipment exceeding $250,000, the Department must obtain and keep a Written record of the source and amount of Quotes received. If three Quotes are not available, a Written record must be made of the attempt to obtain Quotes.

(C) If the total purchase is estimated to exceed $250,000, an Authorized Agency must submit a Written request for a Written delegation of Authority from the State Chief Procurement Officer before making the purchase.

(D) Authorized Agencies must use competitive methods wherever possible to achieve best value and must document in Agency policy or the Procurement File the reasons why a competitive process was deemed to be impractical. If the anticipated purchase exceeds $10,000 and a competitive method is used, the Authorized Agency must post notice on OregonBuys or other Electronic Procurement System approved by the State Chief Procurement Officer. The resulting Contract must be in Writing and the Authorized Agency Procurement File must document the use of this Special Procurement Rule by number to identify the sourcing method. Nothing in this Rule waives the Department of Justice legal sufficiency review if applicable under ORS 291.047.

(11) Reverse Auctions.

(a) Authority. An Authorized Agency with delegated Authority under OAR 125-246-0170 may use this Special Procurement by Rule.

(b) Process. A Reverse Auction means a process for the purchase of Supplies and Services by a buyer from the lowest Bidder. The Authorized Agency as the buyer must conduct Reverse Auctions by first publishing a Solicitation that describes its requirements, Contract terms and conditions. Then, the Authorized Agency must solicit online Bids from all interested Bidders through an Internet-based program. The Solicitation must set forth a start and end time for Bids and specify the following type of information to be disclosed to Bidders during the Reverse Auction:

(A) The prices of the other Bidders or the price of the most competitive Bidder;

(B) The rank of each Bidder (e.g., (i) "winning" or "not winning" or (ii) "1st, 2nd, or higher");

(C) The scores of the Bidders if the Authorized Agency chooses to use a scoring model that weighs non-price factors in addition to price; or

(D) Any combination of (A), (B) and (C) above. Before the Reverse Auction commences, Bidders must be required by the Authorized Agency to assent to the Contract terms and conditions, either in Writing or by an Internet "click" agreement. The Bidders then compete for the award of a Contract by offering successively lower prices, informed by the price(s), ranks, and scores, separately or in any combination thereof, disclosed by the Authorized Agency. The identity of the Bidders must not be revealed during this process. Only the successively lower price(s), ranks, scores and related details, separately or in any combination thereof, will be revealed to the participants. The Authorized Agency may cancel this Solicitation if this Agency determines that it is in this Agency's or the State's best interest. At the end of this Bidding process, the Authorized Agency must award any potential Contract to the lowest Responsible Bidder or in the case of multiple awards, lowest Responsible Bidders according to ORS 279B.055(10)(b). This process allows the Authorized Agency to test and determine the suitability of the Supplies and Services before making the Award. The Authorized Agency must comply with the following procedures for this type of Solicitation:

(d) Public Notice.

(A) The Authorized Agency must disclose the Reverse Auction process in the Solicitation Document. The Reverse Auction process must include the manner of giving notices of the price(s) offered, rank(s), score(s), and related details to the initial Bidders.

(B) The Authorized Agency must provide initial notice of this Solicitation through OregonBuys.

(C) If the value exceeds $250,000, the Authorized Agency must issue a Notice of Intent to award at least seven (7) calendar Days before making the Award.

(e) Prequalification. For each Solicitation, on a case-by-case basis, the Authorized Agency may determine whether prequalification of suppliers is needed. If prequalification is used, the Authorized Agency must prequalify suppliers and provide an appeal process in accordance with ORS 279B.120 and related Rules.

(f) E-Procurement. The requirements of OAR 125-247-0330 apply to Reverse Auctions. In the event of conflict or ambiguity, the more specific requirements of this Section (10) take precedence over the more general requirements of OAR 125-247-0330.

(12) Manufacturer Direct Goods and Services.

(a) An Authorized Agency with delegated Authority under OAR 125-246-0170 may use this Special Procurement by Rule. Subject to the provisions of this Rule, an Authorized Agency may purchase Goods and Services directly from a manufacturer if the cost from the manufacturer is less than the cost from the manufacturer’s distributors and less than the cost from the open market.

(b) Nothing in this Rule relieves the Authorized Agency from any requirement to use a mandatory Department Price Agreement.

(13) Urgent Personal Services Contract Needs.

(a) Authorization and Application. An Authorized Agency with delegated Authority under OAR 125-246-0170 may use this Special Procurement by Rule. Subject to the provisions of this Rule, an Authorized Agency may purchase Urgent personal services, excluding Information Technology, as described in this Rule.

(b) “Urgent” means unforeseen or unavoidable circumstances that were reasonably unanticipated and preclude the Authorized Agency from seeking competitive quotes for contracts with a value not to exceed $25,000.

(c) “Services” has the meaning as defined in OAR 125-246-0110, and includes the services of an Architect, Engineer, Photogrammetrist, Transportation Planner, Land Surveyor or Provider of Related Services as defined in ORS 279C.100 as defined in ORS 279C.100;

(d) “Services” does not include Client Services, defined in OAR 125-246-0110

(e) An Authorized Agency may directly award (without a competitive process) a Contract in an amount not to exceed $25,000, including all amendments.

(f) A Written statement of justification that describes the unforeseen or unavoidable circumstances that were reasonably unanticipated and preclude the Authorized Agency from conducting a competitive process for all Contracts in amounts in excess of $10,000, but not to exceed $25,000 must be approved by the Agency Designated Procurement Officer. A copy of the Written justification must be maintained in the Procurement File.

History

Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070
Statutes/Other Implemented: ORS 279B.085
DAS 5-2023, amend filed 12/29/2023, effective 01/01/2024
DAS 1-2023, amend filed 04/11/2023, effective 05/01/2023
DAS 6-2022, temporary amend filed 11/07/2022, effective 11/07/2022 through 05/05/2023
DAS 3-2019, amend filed 12/23/2019, effective 01/01/2020
DAS 3-2018, amend filed 12/14/2018, effective 01/01/2019
DAS 2-2016, f. 12-22-16, cert. ef. 1-1-17
DAS 3-2012, f. 11-29-12, cert. ef. 12-1-12
DAS 11-2009, f. 12-30-09, cert. ef. 1-1-10
DAS 6-2008, f. & cert. ef. 7-2-08
DAS 5-2006, f. & cert. ef. 5-31-06
DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05

Or. Admin. R. 125-247-0295 Special Procurements: General or Special Counsel Authorized by the Attorney General

(1) Authority and Application. An Authorized Agency with delegated Authority under OAR 125-246-0170 may use this Special Procurement by Rule. Under ORS 180.235, the Oregon Attorney General may authorize a public officer or Agency to retain its own general or special counsel, including but not limited to conflict counsel, other than the Department of Justice. This Rule governs the process for obtaining such counsel.

(2) Definitions. For purposes of this Rule only, these terms have the following meanings:

(a) "Attorney General" means the Attorney General of the State of Oregon.

(b) "Authorized Agency" means a public officer or Agency that the Attorney General authorized to retain its own general or special counsel other than the Department of Justice under ORS 180.235.

(c) "Authorized Legal Services" means the legal services as authorized by the Attorney General for the particular matter or class of matters and as required by the Authorized Agency.

(d) "Outside Counsel" means general or special counsel selected by the Authorized Agency under this Rule.

(e) "Firm" means the proprietorship, partnership or professional legal corporation engaged in the practice of law of which Outside Counsel is a partner, a shareholder, an associate, a member, or a lawyer serving as "of counsel."

(f) "Solicitation" means a written or oral request for offers, proposals, statements of qualifications, or other information from individuals or entities.

(3) Selection Criteria.

(a) The Authorized Agency must select the Firm it considers most advantageous based on the following factors:

(A) The knowledge, skills and ability of the Firm that will provide Authorized Legal Services. The Firm's ability to provide Authorized Legal Services includes the training and expertise of the Firm attorneys, including Outside Counsel. Outside Counsel must be a member of the Oregon State Bar according to ORS 180.235(2);

(B) The Firm's experience, level of expertise and suitability to perform the Authorized Legal Services;

(C) Whether the Firm's available personnel possess any required licenses or certifications required to perform the legal services for the Authorized Legal Services, such as licenses to practice law in the appropriate jurisdiction, or to appear in a certain forum;

(D) The Outside Counsel’s availability and capability to perform the Authorized Legal Services and meet the Agency’s needs;

(E) The commitment the Outside Counsel and Counsel’s Firm can make to the Authorized Agency to meet the Agency’s needs;

(F) The value of the Firm's legal services, taking into account the cost of the Firm's legal services; and

(G) Other factors the Authorized Agency considers relevant to accomplish an optimal, timely outcome.

(b) In weighing the evaluation factors, no single factor is determinative.

(4) Scope of Firms Considered. The Solicitation process may range from direct negotiation and contracting with a single firm to publication of a request for proposals. The Authorized Agency must extend Solicitations to those firms that it considers reasonable and practical to solicit under the circumstances, and must take into consideration the following factors:

(a) When the subject matter of the Authorized Legal Services requires specialized knowledge in a particular field of law, the Authorized Agency may limit the Solicitation to prospective Firms that have a reputation of subject matter expertise in that field of law;

(b) The Authorized Agency must limit the number of Firms considered under the Solicitation as appropriate if the interests of the Authorized Agency would likely be adversely affected by delay in obtaining a Firm or through broad distribution of the Solicitation; and

(5) Documentation of Selection.

(a) The Authorized Agency must prepare a record of selection signed by the public officer or Agency designated to be responsible for the selection process. The record of selection must include the public officer’s or Agency’s summary of:

(A) The Solicitation process used and the Firms considered in the Solicitation process;

(B) Why the selected firm is considered most advantageous to the Authorized Agency; and

(b) As used in (5)(a) above, the public officer may include a member of the Authorized Agency’s board or commission.

(6) The Agency may procure Amendments to existing Contracts under this Rule. In lieu of complying with Sections (4) through (5) of this Rule, the Agency must document why amending the Contract is necessary and in the best interest of the State.

History

Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070
Statutes/Other Implemented: ORS 279B.075 & 279B.085
DAS 1-2023, amend filed 04/11/2023, effective 05/01/2023
DAS 6-2022, temporary amend filed 11/07/2022, effective 11/07/2022 through 05/05/2023
DAS 6-2008, f. & cert. ef. 7-2-08
DAS 5-2006, f. & cert. ef. 5-31-06

Or. Admin. R. 125-247-0296 Price Agreements and Mandatory Use Contracts

(1) Mandatory Use Contracts, for the purposes of this Rule and including Department Price Agreements, service agreements, and sales agreements, may be established for the purposes of minimizing paper work, achieving continuity of product, securing a source of supply, reducing inventory, combining Agency requirements for volume discounts, standardization among Agencies, and reducing lead time for ordering. A Mandatory Use Contract requires the Authorized Agency to purchase Supplies and Services for an anticipated need at a predetermined price, provided the Mandatory Use Contract is let by a competitive Procurement Process according to the requirements of ORS 279ABC and these Rules.

(2) Authorized Agencies may purchase the Supplies and Services from a Contractor awarded a Mandatory Use Contract without first undertaking additional competitive Solicitation.

(3) Authorized Agencies must use Mandatory Use Contracts established by the Department unless otherwise specified in the Contract, allowed by law or these Rules, or specifically authorized by the Chief Procurement Officer.

(4) Despite section (3) above, Authorized Agencies are exempted from Mandatory Use Contracts for acquisition of the following, regardless of dollar amount:

(a) Supplies and Services from another Oregon Public Agency provided that a formal, Written agreement is entered into between the parties;

(b) Personal property for resale through student stores operated by public educational Agencies; and

(5) Authorized Agencies may be exempted from a Mandatory Use Contract upon a request to and approval by the Contract Administrator of the Mandatory Use Contract.

(6) The term of the Contract, including renewals, must not exceed the maximum term stated in the original Solicitation.

History

Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070
Statutes/Other Implemented: ORS 279B.140
DAS 3-2014, f. 12-29-14, cert. ef. 1-1-15
DAS 3-2012, f. 11-29-12, cert. ef. 12-1-12
DAS 11-2009, f. 12-30-09, cert. ef. 1-1-10
DAS 6-2008, f. & cert. ef. 7-2-08
DAS 5-2006, f. & cert. ef. 5-31-06
DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05

Or. Admin. R. 125-247-0300 Procurement Process; Applicability of General Rules to Methods of Source Selection

(1) Generally. These Procurement Process Rules are intended to apply to more than one sourcing method according to ORS 279B.050 through 279B.085 and to specify those methods.

(2) In the event of conflict or ambiguity arising from specific requirements of another Rule in Division 247 and a general Rule in OAR 125-247-0305 through 125-247-0691, the specific requirements of another Rule take precedence over the more general requirements of a Rule under Procurement Process.

(3) If a general Rule in OAR 125-247-0305 through 125-247-0691 is silent regarding its specific application or an ambiguity arises regarding the application of any such Rule to any of the seven sourcing methods of ORS 279B.050 through 279B.085, that Rule applies only to Bidding and Proposals in accordance with ORS 279B.055, 279B.060, and OAR 125-247-0255 through 125-247-0261.

History

Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070
Statutes/Other Implemented: ORS 279B.050 - 279B.090
DAS 3-2012, f. 11-29-12, cert. ef. 12-1-12
DAS 6-2008, f. & cert. ef. 7-2-08
DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05

Or. Admin. R. 125-247-0305 Public Notice of Solicitation Documents

(1) Application. This Rule applies only to Bidding and Proposals in accordance with ORS 279B.055, 279B.060, and OAR 125-247-0255 through 125-247-0260.

(2) Notice of Solicitation Documents.

(a) Official Notice. An Authorized Agency must post public notice of every Solicitation Document on OregonBuys or other Electronic Procurement System approved by the State Chief Procurement Officer in accordance with OAR 125-246-0500 (Official Notice).

(b) Additional Notice. The Authorized Agency may give additional notice if:

(A) The additional notice refers to the Official Notice, and

(B) The Authorized Agency uses any method it determines appropriate to foster and promote competition, including:

(i) Mailing notice of the availability of the Solicitation Document to Persons that have expressed an interest in the Authorized Agency's Procurements;

(ii) Placing notice on the Authorized Agency's Internet World Wide Web site; or

(iii) Publishing notice in a newspaper of general circulation as described in ORS 279B.055(4) (Additional Notice).

(3) Content of Official and Additional Notices. All notices for solicitation of Offers must set forth:

(a) Where, when, how, and for how long the Solicitation Document may be obtained;

(b) A general description of the Supplies and Services to be acquired;

(c) The date that Persons must file applications for prequalification if prequalification is a requirement and the class of Supplies and Services is one for which Persons must be prequalified;

(d) The office where contract terms, conditions and Specifications may be reviewed if not electronically attached;

(e) The name, title and address of the individual authorized by the Authorized Agency to receive Offers;

(f) The scheduled Opening; and

(g) Any other information the Authorized Agency deems to be appropriate.

(4) Notice Time Periods.

(a) The Authorized Agency must give Official Notice of an Invitation to Bid at least fourteen (14) Days before the Closing.

(b) The Authorized Agency must give Official Notice of a Request for Proposals at least thirty (30) Days before the Closing.

(d) Despite Section (4)(a) and (b), the Authorized Agency may determine that a shorter time period is in the public's interest and that a shorter time period will not substantially affect competition. In no event may the Authorized Agency give any Official Notice less than seven (7) Days before Closing. The Authorized Agency must document the specific reasons for the shorter time period in the Procurement File in accordance with OAR 125-246-0556.

(e) Despite other provisions of this Rule, the public notice time period for a Qualified Products List is at least seven (7) days.

(5) Availability of Written Advertisement for Offers. Upon the request of any member of the public, the Authorized Agency must provide a copy of each advertisement for Offers and all supporting documents, to be located in the Procurement File or an identified repository.

(6) COBID Certified Firms. In accordance with ORS 200.035, and applicable related Department statewide policy, a State Contracting Agency, as defined in ORS 279A.010, must provide Timely Notice, in Writing, to the Governor’s Policy Advisor for Economic and Business Equity of each Solicitation and contracting opportunity exceeding $10,000. As used in ORS 200.035 and this Rule, “Timely Notice” means at the time the State Contracting Agency advertises or solicits Bids or Proposals and at the time the State Contracting Agency publicly releases the Contract.

(7) Fees. The Authorized Agency may charge a fee or require a deposit for the Solicitation Document, supporting documents and any combination thereof.

(8) Notice of Addenda. The Authorized Agency must provide notice to potential Offerors on OregonBuys or other Electronic Procurement System approved by the State Chief Procurement Officer of any Addenda to a Solicitation Document in accordance with OAR 125-247-0430.

History

Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070
Statutes/Other Implemented: ORS 279B.050-279B.085
DAS 1-2023, amend filed 04/11/2023, effective 05/01/2023
DAS 6-2022, temporary amend filed 11/07/2022, effective 11/07/2022 through 05/05/2023
DAS 3-2019, amend filed 12/23/2019, effective 01/01/2020
DAS 3-2018, amend filed 12/14/2018, effective 01/01/2019
DAS 2-2016, f. 12-22-16, cert. ef. 1-1-17
DAS 11-2009, f. 12-30-09, cert. ef. 1-1-10
DAS 6-2008, f. & cert. ef. 7-2-08
DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05

Or. Admin. R. 125-247-0310 Bids or Proposals are Offers

See OAR 137-047-0310.

History

Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070
Statutes/Other Implemented: ORS 279B.050-279B.085
DAS 3-2011, f. 12-22-11, cert. ef. 1-1-12
DAS 11-2009, f. 12-30-09, cert. ef. 1-1-10
DAS 6-2008, f. & cert. ef. 7-2-08
DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05

Or. Admin. R. 125-247-0320 Facsimile Bids and Proposals

See OAR 137-047-0320.

History

Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070
Statutes/Other Implemented: ORS 279B.050-279B.085
DAS 3-2011, f. 12-22-11, cert. ef. 1-1-12
DAS 11-2009, f. 12-30-09, cert. ef. 1-1-10
DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05

Or. Admin. R. 125-247-0330 E-Procurement

(1) General.

(a) Electronic Processes. An Authorized Agency may conduct all phases of a Procurement, including without limitation, the posting of Electronic Advertisements and the receipt of Electronic Offers, by the following electronic processes:

(A) E-Bidding;

(B) Reverse Auction; or

(C) Special Procurement if (i) or (ii) are not appropriate (Electronic Processes). The Authorized Agency must specify in a Solicitation Document, a request for Quotes, or any other Writing that instructs Persons how to participate in the Procurement.

(b) Security Measures. The Authorized Agency must open an Electronic Offer in accordance with electronic security measures in effect at the Authorized Agency at the time of its receipt of the Electronic Offer. Unless the Authorized Agency provides procedures for the secure receipt of Electronic Offers, the Person submitting the Electronic Offer assumes the risk of premature disclosure due to submission in unsealed form.

(c) The Authorized Agency's use of electronic Signatures must be consistent with applicable statutes and rules. An Authorized Agency must authorize, and may limit the use of Electronic Processes of conducting a Procurement based on the best interests of the Authorized Agency, as determined by the Authorized Agency.

(d) If the Authorized Agency determines that Bid or Proposal security is or will be required, the Authorized Agency should not authorize Electronic Offers unless the Authorized Agency has another method for receipt of such security.

(2) Rules Governing Electronic Procurements. The Authorized Agency must conduct all portions of an electronic Procurement in accordance with these Division 247 Rules, unless otherwise set forth in this Rule.

(3) Preliminary Matters. As a condition of participation in an electronic Procurement, the Authorized Agency may require potential Contractors to register with the Authorized Agency before the date and time on which the Authorized Agency will first accept Offers, to agree to the terms, conditions, or other requirements of a Solicitation Document, or to agree to terms and conditions governing the Procurement, such as procedures that the Authorized Agency may use to attribute, authenticate or verify the accuracy of an Electronic Offer, or the actions that constitute an electronic Signature.

(4) Offer Process. An Authorized Agency may specify that Persons must submit an Electronic Offer by a particular date and time, or that Persons may submit multiple Electronic Offers during a period of time established in the Electronic Advertisement. When the Authorized Agency specifies that Persons may submit multiple Electronic Offers during a specified period of time, the Authorized Agency must designate a time and date on which Persons may begin to submit Electronic Offers, and a time and date after which Persons may no longer submit Electronic Offers. The date and time after which Persons may no longer submit Electronic Offers need not be specified by a particular date and time, but may be specified by a description of the conditions that, when they occur, will establish the date and time after which Persons may no longer submit Electronic Offers. When the Authorized Agency will accept Electronic Offers for a period of time, then at the designated date and time that the Authorized Agency will first receive Electronic Offers, the Authorized Agency must begin to accept real time Electronic Offers on OregonBuys or other Electronic Procurement System approved by the State Chief Procurement Officer (for purposes of this Rule, collectively, OregonBuys), and must continue to accept Electronic Offers in accordance with Subsection 5 of this Rule until the date and time specified by the Authorized Agency, after which the Authorized Agency will no longer accept Electronic Offers.

(5) One-Time Receipt of All Electronic Offers. When an Authorized Agency conducts an electronic Procurement that provides that all Electronic Offers must be submitted by a particular date and time, the Authorized Agency must receive the Electronic Offers in accordance with these Division 247 Rules.

(6) Failure of the E-Procurement System. In the event of a failure of OregonBuys or other Electronic Procurement System approved by the State Chief Procurement Officer that interferes with the ability of Persons to submit Electronic Offers, protest or to otherwise participate in the Procurement, the Authorized Agency may cancel the Procurement in accordance with OAR 125-247-0660, or may extend the date and time for receipt of Electronic Offers by providing notice of the extension immediately after the OregonBuys or other Electronic Procurement System approved by the State Chief Procurement Officer becomes available.

History

Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070
Statutes/Other Implemented: ORS 279B.050 - 279B.090
DAS 5-2023, amend filed 12/29/2023, effective 01/01/2024
DAS 1-2023, amend filed 04/11/2023, effective 05/01/2023
DAS 6-2022, temporary amend filed 11/07/2022, effective 11/07/2022 through 05/05/2023
DAS 3-2019, amend filed 12/23/2019, effective 01/01/2020
DAS 3-2012, f. 11-29-12, cert. ef. 12-1-12
DAS 6-2008, f. & cert. ef. 7-2-08
DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05

Or. Admin. R. 125-247-0340 Reverse Auctions

(1) If the Authorized Agency desires to conduct a Reverse Auction as defined in OAR 125-247-0288, the Authorized Agency must follow the policy of the Department. The requirements of OAR 125-247-0288 apply to Reverse Auctions. In the event of conflict or ambiguity, the more specific requirements of OAR 125-247-0288 take precedence over the more general requirements of this Rule.

(2) Multiple Receipts of Offers during a Period of Time. When the Authorized Agency specifies that Persons may submit multiple Electronic Offers during a period of time, the Authorized Agency must accept Electronic Offers, and Persons may submit Electronic Offers, in accordance with the following:

(a) Following receipt of the first Electronic Offer after the day and time the Authorized Agency first receives Electronic Offers, the Authorized Agency must give notice to the initial Bidders and update on a real time basis:

(A) The prices of the other Bidders or the price of the most competitive Bidder;

(B) The rank of each Bidder (e.g., (i) "winning" or "not winning" or (ii) "1st, 2nd, or higher");

(C) The scores of the Bidders if the Authorized Agency chooses to use a scoring model that weighs non-price factors in addition to price; or

(D) Any combination of (A), (B) and (C) above. At any time before the date and time after which the Authorized Agency will no longer receive Electronic Offers, a Person may revise its Electronic Offer, except that a Person may not lower its price unless that price is below the then lowest Electronic Offer.

(b) A Person may not increase the price set forth in an Electronic Offer after the day and time that the Authorized Agency first accepts Electronic Offers.

(c) A Person may withdraw an Electronic Offer only in compliance with these division 247 Rules. If a Person withdraws an Electronic Offer, it may not later submit an Electronic Offer at a price higher than that set forth in the withdrawn Electronic Offer.

History

Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070
Statutes/Other Implemented: ORS 279B.050-279B.085
DAS 11-2009, f. 12-30-09, cert. ef. 1-1-10
DAS 6-2008, f. & cert. ef. 7-2-08

Or. Admin. R. 125-247-0400 Offer Preparation

See OAR 137-047-0400.

History

Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070
Statutes/Other Implemented: ORS 279B.050-279B.085
DAS 3-2011, f. 12-22-11, cert. ef. 1-1-12
DAS 6-2008, f. & cert. ef. 7-2-08
DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05

Or. Admin. R. 125-247-0410 Offer Submission

See OAR 137-047-0410.

History

Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070
Statutes/Other Implemented: ORS 279B.050-279B.085
DAS 3-2011, f. 12-22-11, cert. ef. 1-1-12
DAS 6-2008, f. & cert. ef. 7-2-08
DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05

Or. Admin. R. 125-247-0420 Pre-Offer Conferences

See OAR 137-047-0420.

History

Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070
Statutes/Other Implemented: ORS 279B.050 - 279B.090
DAS 3-2011, f. 12-22-11, cert. ef. 1-1-12
DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05

Or. Admin. R. 125-247-0430 Addenda to Solicitation Document

(1) Issuance; Receipt. The Authorized Agency may change a Solicitation Document only by Written Addenda. An Offeror must provide Written acknowledgment of receipt of all issued Addenda with its Offer, unless the Authorized Agency otherwise specifies in the Addenda.

(2) Notice and Distribution. The Authorized Agency must notify prospective Offerors of Addenda in a manner intended to foster competition and to make prospective Offerors aware of the Addenda. The Solicitation Document must specify how the Authorized Agency will provide notice of Addenda and how the Authorized Agency will make the Addenda available before Closing, and at each subsequent step or Phase of evaluation if the Authorized Agency will engage in a Multistep Competitive Sealed Bidding process in accordance with OAR 125-247-0255, or a Multi-tiered or Multistep Competitive Sealed Proposals process in accordance with 125-247-0260.

(3) Timelines; Extensions.

(a) The Authorized Agency must issue Addenda within a reasonable time to allow prospective Offerors to consider the Addenda in preparing their Offers. The Authorized Agency may extend the Closing if the Authorized Agency determines prospective Offerors need additional time to review and respond to Addenda. Except to the extent justified by a countervailing public interest, the Authorized Agency must not issue Addenda less than 3 Business Days before the Closing unless the Addendum also extends the Closing.

(b) Despite Subsection (3)(a) of this Rule, an Addendum that modifies the evaluation criteria, selection process or procedure for any step or Phase of competition under a Multistep Sealed Bidding or Multistep Sealed Proposals, issued in accordance with OAR 125-247-0255 or 125-247-0260, must be issued no fewer than five (5) Days before the beginning of that step or Phase of competition, unless the Authorized Agency determines that a shorter period is sufficient to allow the Offerors to prepare for that step or Phase of competition. The Authorized Agency must document the factors it considered in making that determination, which may include, without limitation, the Scope of the changes to the Solicitation Document, the location of the remaining eligible Proposers, or whether shortening the period between issuing an Addendum and the beginning of the next step or Phase of competition favors or disfavors any particular Proposer or Proposers.

(4) Request for Change or Protest. Unless a different deadline is set forth in the Addendum, an Offeror may submit a Written request for change or protest to the Addendum, as provided in OAR 125-247-0730, by the close of the Authorized Agency's next business day after issuance of the Addendum, or up to the last day allowed to submit a request for change or protest under 125-247-0730, whichever date is later. If the date established in the previous sentence falls after the deadline for receiving protests to the Solicitation Document in accordance with 125-247-0730, then the Authorized Agency may only consider an Offeror's request for change or protest to the Addendum, and the Authorized Agency must not consider a request for change or protest to matters not added or modified by the Addendum. Despite any provision of this subsection (4) of this Rule, an Authorized Agency is not required to provide a protest period for Addenda issued after initial Closing during or multistep Procurement Process conducted according to ORS 279B.055 or 279B.060 and their respective rules.

History

Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070
Statutes/Other Implemented: ORS 279B.050-279B.085
DAS 5-2023, amend filed 12/29/2023, effective 01/01/2024
DAS 6-2008, f. & cert. ef. 7-2-08
DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05

Or. Admin. R. 125-247-0440 Pre-Closing Modification or Withdrawal of Offers

See OAR 137-047-0440.

History

Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070
Statutes/Other Implemented: ORS 279B.050 - 279B.090
DAS 3-2011, f. 12-22-11, cert. ef. 1-1-12
DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05

Or. Admin. R. 125-247-0450 Receipt, Opening, and Recording of Offers

See OAR 137-047-0450.

History

Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070
Statutes/Other Implemented: ORS 279B.050 - 279B.090
DAS 3-2011, f. 12-22-11, cert. ef. 1-1-12
DAS 5-2006, f. & cert. ef. 5-31-06
DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05

Or. Admin. R. 125-247-0460 Late Offers, Late Withdrawals, and Late Modifications

See OAR 137-047-0460.

History

Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070
Statutes/Other Implemented: ORS 279B.050 - 279B.090
DAS 3-2011, f. 12-22-11, cert. ef. 1-1-12
DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05

Or. Admin. R. 125-247-0470 Mistakes

See OAR 137-047-0470.

History

Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070
Statutes/Other Implemented: ORS 279B.050 - 279B.090
DAS 3-2011, f. 12-22-11, cert. ef. 1-1-12
DAS 11-2009, f. 12-30-09, cert. ef. 1-1-10
DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05

Or. Admin. R. 125-247-0480 Time for Authorized Agency Acceptance

See OAR 137-047-0480.

History

Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070
Statutes/Other Implemented: ORS 279A.065
DAS 3-2011, f. 12-22-11, cert. ef. 1-1-12
DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05

Or. Admin. R. 125-247-0490 Extension of Time for Acceptance of Offer

See OAR 137-047-0490.

History

Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070
Statutes/Other Implemented: ORS 279B.050 - 279B.090
DAS 3-2011, f. 12-22-11, cert. ef. 1-1-12
DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05

Or. Admin. R. 125-247-0500 Responsibility of Offerors

(1) Determination. Before awarding a Contract, the Authorized Agency must determine that the Offeror submitting the lowest Bid or Proposal or most Advantageous Offer is Responsible. The Authorized Agency must use the standards set forth in ORS 279B.110 and OAR 125-247-0640 to determine if an Offeror is Responsible. In the event an Authorized Agency determines an Offeror is not Responsible, it must prepare a Written determination of non-Responsibility as required by ORS 279B.110 and must reject the Offer.

(2) Independent Contractor Status, Tax Compliance, Pay Equity Certificate and Requirements to Transact Business in Oregon. For these responsibilities of Offerors, see OAR 125-246-0330.

(3) Life Cycle Costing. See OAR 125-247-0170.

(4) Record of Performance and Integrity. Authorized Agencies must comply with ORS 279B.110.

History

Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070
Statutes/Other Implemented: ORS 279B.110
DAS 4-2015, f. 12-29-15, cert. ef. 1-1-16
DAS 11-2009, f. 12-30-09, cert. ef. 1-1-10
DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05

Or. Admin. R. 125-247-0525 Qualified Products Lists

See OAR 137-047-0525.

History

Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070
Statutes/Other Implemented: ORS 279B.050-279B.085 & 279B.115
DAS 3-2011, f. 12-22-11, cert. ef. 1-1-12
DAS 6-2008, f. & cert. ef. 7-2-08
DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05

Or. Admin. R. 125-247-0550 Prequalification of Prospective Offerors, Pre-negotiation of Contract Terms and Conditions, and Request for Qualifications (RFQ)

(1) Prequalification of Prospective Offerors. An Authorized Agency may prequalify prospective Offerors according to ORS 279B.120 and 279B.125. Despite the prohibition against revocation of prequalification in ORS 279B.120(3), an Authorized Agency may determine that a prequalified Offeror is not Responsible before Contract Award.

(2) Pre-negotiation of Contract Terms and Conditions. An Authorized Agency may pre-negotiate some or all Contract terms and conditions including prospective Proposer Contract forms such as license agreements, maintenance and support agreements or similar documents for use in future Procurements. Such pre-negotiation of Contract terms and conditions (including prospective Proposer forms) may be part of the prequalification process of a Proposer in Section (1) or the pre-negotiation may be a separate process and not part of a prequalification process. Unless required as part of the prequalification process, the failure of the Authorized Agency and the prospective Proposer to reach agreement on pre-negotiated Contract terms and conditions does not prohibit the prospective Proposer from responding to Procurements. An Authorized Agency may agree to different pre-negotiated Contract terms and conditions with different prospective Proposers. When an Authorized Agency has pre-negotiated different terms and conditions with Proposers or when permitted, Proposers offer different terms and conditions, an Authorized Agency may consider the terms and conditions in the Proposal evaluation process.

(3) Request for Qualifications (RFQ). For purposes of this Section, an RFQ may be used without the RFQ constituting a Prequalification according to Section (1) of this Rule, if the Authorized Agency establishes the RFQ to determine whether competition exists to perform the needed services or to establish a nonbinding, open list of qualified Contractors in addition to the general public and in order to expand the pool of qualified Contractors, before issuing a Request for Proposals (RFP). If an Authorized Agency establishes a closed, exclusive, or binding list of qualified Contractors, then the Authorized Agency must comply with Section (1) of this Rule. The Authorized Agency is not required to issue an RFQ and may elect to forego using an RFQ before issuing an RFP.

(a) At a minimum, the RFQ must describe the particular specialty desired, the qualifications the Contractor(s) must have in order to be considered, and the evaluation factors and their relative importance. The RFQ may require information including, but not limited to: the Contractor's particular capability to perform the required services; the number of experienced staff available to perform the required services, including specific qualifications and experience of personnel; a list of similar services the Contractor has completed, with references concerning past performance; and any other information deemed necessary by the Authorized Agency to evaluate Contractor qualifications.

(b) A qualifications pre-submission meeting, voluntary or mandatory, may be held for all interested Contractors to discuss the proposed services. The RFQ must include the date, time and place of the meeting(s).

(c) Unless the RFQ establishes that competition does not exist or unless the Solicitation process is canceled or all qualification statements are rejected, all respondents who met the published qualifications must receive a notice, or other materials as appropriate, in addition to the general public, of any required services and have an opportunity to submit a proposal in response to an Authorized Agency's subsequent RFP.

(d) All RFQs must:

(A) Be in Writing;

(B) Be posted on OregonBuys or other Electronic Procurement System approved by the State Chief Procurement Officer;

(C) Provide that the Authorized Agency may, at any time during the Solicitation process, reject any or all Proposals or cancel the Solicitation without liability if it is in the public interest to do so; and

(D) Provide that the Authorized Agency is not responsible for any costs of any proposers incurred while submitting Proposals, and that all Proposers who respond to Solicitations do so solely at their own expense, unless compensation is expressly provided for in the Solicitation Document.

(e) In accordance with ORS 200.035, and applicable related Department statewide policy, a State Contracting Agency, as defined in ORS 279A.010, must provide Timely Notice, in Writing, to the Governor’s Policy Advisor for Economic and Business Equity of each Solicitation and contracting opportunity exceeding $10,000. As used in ORS 200.035 and this Rule, “Timely Notice” means at the time the State Contracting Agency advertises or solicits Bids or Proposals and at the time the State Contracting Agency publicly releases the Contract.

History

Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070
Statutes/Other Implemented: ORS 279.015, 279B.050-279B.085, 279B.120 & 279B.125
DAS 1-2023, amend filed 04/11/2023, effective 05/01/2023
DAS 6-2022, temporary amend filed 11/07/2022, effective 11/07/2022 through 05/05/2023
DAS 3-2019, amend filed 12/23/2019, effective 01/01/2020
DAS 3-2018, amend filed 12/14/2018, effective 01/01/2019
DAS 2-2016, f. 12-22-16, cert. ef. 1-1-17
DAS 11-2009, f. 12-30-09, cert. ef. 1-1-10
DAS 6-2008, f. & cert. ef. 7-2-08
DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05

Or. Admin. R. 125-247-0575 Debarment of Prospective Offerors

(1) See OAR 137-047-0575.

(2) Regardless of OAR 137-047-0575, the State Chief Procurement Officer is the Contracting Agency and acts on behalf of the Director of the Department under ORS 279B.130 and 279B.425.

History

Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070
Statutes/Other Implemented: ORS 279B.050-279B.085 & 279B.130
DAS 5-2023, amend filed 12/29/2023, effective 01/01/2024
DAS 3-2012, f. 11-29-12, cert. ef. 12-1-12
DAS 3-2011, f. 12-22-11, cert. ef. 1-1-12
DAS 6-2008, f. & cert. ef. 7-2-08
DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05

Or. Admin. R. 125-247-0600 Offer Evaluation and Award

(1) Authorized Agency Evaluation. The Authorized Agency must evaluate Offers only as set forth in the Solicitation Document, according to ORS 279B.055(6)(a) and 279B.060(6)(b), and in accordance with applicable law. The Authorized Agency must not evaluate Offers using any other requirement or criterion.

(a) Evaluation of Bids.

(A) Nonresident Bidders. In determining the lowest Responsive Bid, the Authorized Agency must apply the reciprocal preference set forth in ORS 279A.120(2)(b) and OAR 125-246-0310 for nonresident Bidders.

(B) Public Printing. The Authorized Agency must, for the purpose of evaluating Bids, apply the public printing preference set forth in ORS 282.210.

(C) Award When Bids are Identical. If the Authorized Agency determines that one or more Bids are identical under OAR 125-246-0300, the Authorized Agency must award a Contract in accordance with the procedures set forth in OAR 125-246-0300.

(b) Evaluation of Proposals.

(A) Award When Proposals are Identical. If the Authorized Agency determines that one or more Proposals are identical under OAR 125-246-0300, the Authorized Agency must award a Contract in accordance with the procedures set forth in OAR 125-246-0300.

(B) Public Printing. The Authorized Agency must for the purpose of evaluating Proposals apply the public printing preference set forth in ORS 282.210.

(c) Recycled Materials. When procuring Goods, the Authorized Agency must give preference for Recycled Materials as set forth in ORS 279A.125 and OAR 125-246-0322.

(2) Clarification of Bids or Proposals. After the Bid Opening, an Authorized Agency may conduct Discussions with apparent Responsive Offerors for the purpose of clarification and to assure full understanding of the Bids or Proposals. All Bids or Proposals, at the Authorized Agency's sole discretion, needing clarification must be afforded such an opportunity. The Authorized Agency must document clarification of any Bidder's Bid in the Procurement File in accordance with OAR 125-246-0556.

(3) Negotiations Prohibited or Allowed.

(a) Prohibition in Competitive Sealed Bidding. An Authorized Agency must not negotiate with any Bidder in a competitive sealed bidding according to ORS 279B.055 and related Rule. After Award of the Contract, the Authorized Agency and Contractor may only modify the Contract in accordance with OAR 125-247-0805. An Authorized Agency may conduct Discussions in accordance with OAR 125-247-0255.

(b) Allowance in Other Procurement Methods. An Authorized Agency may conduct Discussions or Negotiations with one or more Offerors in Competitive Sealed Proposals, Small Procurements, Intermediate Procurements, Emergency Procurements if applicable, and Special Procurements if applicable, in accordance with ORS 279B.060(7) and (8), OAR 125-247-0260, 125-247-0270, 125-247-0287, and 125-247-0288. To the extent practical, an Authorized Agency must negotiate in Sole-Source Procurements in accordance with OAR 125-247-0275. After Award of the Contract, the Authorized Agency and Contractor may only modify the Contract in accordance with OAR 125-247-0805.

(c) Other Procurements. This Section (3) does not apply to Small Procurements, Emergency Procurements, or Special Procurements which do not use Solicitations.

(4) Award.

(a) General. If awarded, the Authorized Agency must award the Contract to the Responsible Bidder submitting the lowest, Responsive Bid or the Responsible Proposer submitting the most Advantageous, Responsive Proposal. The Authorized Agency may award by item, groups of items or the entire Offer provided such Award is consistent with the Solicitation Document and in the public interest.

(b) Multiple Items. An Invitation to Bid or Request for Proposals may call for pricing of multiple items of similar or related type with the Award based on individual line item, group total of certain items, a "market basket" of items representative of the Authorized Agency's expected purchases, or grand total of all items.

(A) Despite Subsection 4(a) of this Rule, an Authorized Agency may award multiple Contracts under an Invitation to Bid in accordance with the criteria set forth in the Invitation to Bid. A multiple Award may be made if the Award to two or more Bidders is beneficial for adequate availability, delivery, service, competition, pricing, product capabilities, skills, or other factors deemed significant by the Authorized Agency. Multiple Awards may not be allowed for user preference unrelated to utility or economy. A notice to prospective Bidders that multiple Contracts may be awarded for any Invitation to Bid must not preclude the Authorized Agency from awarding a single Contract for such Invitation to Bid.

(B) If an Invitation to Bid permits the Award of multiple Contracts, the Authorized Agency must specify in the Invitation to Bid the criteria it will use to choose from the multiple Contracts when purchasing Supplies and Services. This criteria may include consideration and evaluation of the terms and conditions agreed to by the Contractors.

(d) Multiple Awards; Proposals.

(A) Despite Subsection 4(a) of this Rule, an Authorized Agency may award multiple Contracts under a Request for Proposals in accordance with the criteria set forth in the Request for Proposals. A multiple Award may be made if the Award to two or more Proposers is beneficial for adequate availability, delivery, service, competition, pricing, product capabilities, skills, or other factors deemed significant by the Authorized Agency. Multiple Awards may not be allowed for user preference unrelated to utility or economy. A notice to prospective Proposers that multiple Contracts may be awarded for any Request for Proposals must not preclude the Authorized Agency from awarding a single Contract for such Request for Proposals.

(B) If a Request for Proposals permits the Award of multiple Contracts, the Authorized Agency must specify in the Request for Proposals the criteria it will use to choose from the multiple Contracts when purchasing Supplies and Services. This criteria may include consideration and evaluation of the terms and conditions agreed to by the Contractors.

(e) Partial Awards. If after evaluation of Offers, the Authorized Agency determines that an acceptable Offer has been received for only parts of the requirements of the Solicitation Document:

(A) The Authorized Agency may award a Contract for the parts of the Solicitation Document for which acceptable Offers have been received; or

(B) The Authorized Agency may reject all Offers and may issue a new Solicitation Document on the same or revised terms, conditions and Specifications.

(f) All or None Offers. An Authorized Agency may award all or no Offers if the evaluation shows an all or no Award to be the lowest cost for Bids or the most Advantageous for Proposals of those submitted.

(g) Life Cycle Costing. The Authorized Agency must follow OAR 125-247-0170.

History

Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070
Statutes/Other Implemented: ORS 279B.050-279B.085
DAS 3-2012, f. 11-29-12, cert. ef. 12-1-12
DAS 11-2009, f. 12-30-09, cert. ef. 1-1-10
DAS 6-2008, f. & cert. ef. 7-2-08
DAS 5-2006, f. & cert. ef. 5-31-06
DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05

Or. Admin. R. 125-247-0610 Notice of Intent to Award

(1) Notice of Intent to Award. The Authorized Agency must provide Written notice of its intent to award a Contract resulting from a formal Invitation to Bid or Request for Proposal to all Offerors according to ORS 279B.135 at least seven (7) Days before the Award of a Contract, unless the Authorized Agency determines that circumstances justify prompt execution of the Contract, in which case the Authorized Agency may provide a shorter notice period. The Authorized Agency must document the specific reasons for the shorter notice period in the Procurement File in accordance with OAR 125-246-0556.

(2) Finality. The Authorized Agency's Award must not be final until the later of the following:

(a) The expiration of the protest period provided according to OAR 125-247-0740; or

(b) The Authorized Agency provides Written responses to all timely-filed protests denying the protests and affirming the Award.

(3) The Authorized Agency may provide this notice through any reasonable means and, if functionality exists, through OregonBuys or other Electronic Procurement System approved by the State Chief Procurement Officer in accordance with OAR 125-246-0500.

History

Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070
Statutes/Other Implemented: ORS 279B.050-279B.085 & 279B.135
DAS 1-2023, amend filed 04/11/2023, effective 05/01/2023
DAS 6-2022, temporary amend filed 11/07/2022, effective 11/07/2022 through 05/05/2023
DAS 3-2019, amend filed 12/23/2019, effective 01/01/2020
DAS 11-2009, f. 12-30-09, cert. ef. 1-1-10
DAS 6-2008, f. & cert. ef. 7-2-08
DAS 5-2006, f. & cert. ef. 5-31-06
DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05

Or. Admin. R. 125-247-0620 Documentation of Award

See OAR 137-047-0620.

History

Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070
Statutes/Other Implemented: ORS 279B.050 - 279B.090
DAS 3-2011, f. 12-22-11, cert. ef. 1-1-12
DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05

Or. Admin. R. 125-247-0630 Availability of Award Decisions

(1) Contract Documents. To the extent required by the Solicitation Document, the Authorized Agency must deliver to the successful Offeror a Contract, a Signed Purchase Order, Price Agreement, or other Contract documents as applicable.

(2) Availability of Award Decisions. A Person may obtain tabulations of awarded Bids or evaluation summaries of Proposals for a minimal charge, in person or by submitting to the Authorized Agency a Written request accompanied by payment. The requesting Person must provide the Solicitation Document number and enclose a self-addressed, stamped envelope. In addition, the Authorized Agency may make available tabulations of Bids and Proposals through OregonBuys, or other Electronic Procurement System approved by the State Chief Procurement Officer, or the Authorized Agency's website.

(3) Availability of Procurement Files. After the notice of intent to award, the Authorized Agency must make Procurement Files available in accordance with applicable law, except where applicable law requires the Authorized Agency to make information contained in the Procurement Files available before any notice of intent to award. See the Public Records Law. A protestor of a Competitive Range in accordance with OAR 125-247-0260 is not entitled to obtain or review the Procurement Files related to the protest until after the notice of intent to award. See OAR 125-247-0720.

History

Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070
Statutes/Other Implemented: ORS 279B.050-279B.090
DAS 1-2023, amend filed 04/11/2023, effective 05/01/2023
DAS 6-2022, temporary amend filed 11/07/2022, effective 11/07/2022 through 05/05/2023
DAS 3-2019, amend filed 12/23/2019, effective 01/01/2020
DAS 11-2009, f. 12-30-09, cert. ef. 1-1-10
DAS 5-2006, f. & cert. ef. 5-31-06
DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05

Or. Admin. R. 125-247-0640 Rejection of an Offer

See 137-047-0640.

History

Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070
Statutes/Other Implemented: ORS 279B.050-279B.090
DAS 4-2015, f. 12-29-15, cert. ef. 1-1-16
DAS 3-2011, f. 12-22-11, cert. ef. 1-1-12
DAS 11-2009, f. 12-30-09, cert. ef. 1-1-10
DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05

Or. Admin. R. 125-247-0650 Rejection of All Offers

See OAR 137-047-0650.

History

Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070
Statutes/Other Implemented: ORS 279B.050-279B.085
DAS 3-2011, f. 12-22-11, cert. ef. 1-1-12
DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05

Or. Admin. R. 125-247-0660 Cancellation of Procurement or Solicitation

See OAR 137-047-0660.

History

Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070
Statutes/Other Implemented: ORS 279B.050-279B.085
DAS 3-2011, f. 12-22-11, cert. ef. 1-1-12
DAS 11-2009, f. 12-30-09, cert. ef. 1-1-10
DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05

Or. Admin. R. 125-247-0670 Disposition of Offers if Solicitation Cancelled

See OAR 137-047-0670.

History

Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070
Statutes/Other Implemented: ORS 279B.050-279B.085
DAS 3-2011, f. 12-22-11, cert. ef. 1-1-12
DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05

Or. Admin. R. 125-247-0690 Policy; Appearance of Contractor Advantage

(1) As provided in ORS 279B.205 and consistent with 279A.015, specifications must seek to promote optimal value and suitability for the purposes intended and to reasonably encourage competition in satisfying an Agency’s needs. Subject to 279B.405, the specification content must be determined in the sole discretion of the Agency.

(2) Contractor Advantage; General.

(a) Policy. As provided in ORS 279B.210, it is the policy of the State of Oregon to encourage the development of clear, precise and accurate Specifications in Solicitations for Public Contracts. To that end, in developing Specifications, Agencies may consult, under contract or otherwise, with technical experts, suppliers, prospective contractors and representatives of the industries with which the Agencies contract, as set forth in ORS 279B.210.

(b) Application. In the event of conflict or ambiguity arising from the general requirements of section (2) of this Rule and the specific requirements of section (3) of this Rule, the specific requirements take precedence over the general requirements.

(3) Contractor Advantage; Services Contract; Exception. An Authorized Agency must comply with ORS 279B.040, including but not limited to the following:

(a) No Appearance of Contractor Advantage. If an Agency enters into a contract with a contractor to advise or assist the Agency in developing specifications, a scope or statement of work, an invitation to bid, a request for proposals or other solicitation documents and materials (Solicitation Materials) related to a procurement (Procurement), the Agency may not accept an Offer from that contractor or its affiliate that is related to the Procurement, if a reasonable person would believe that, by giving the advice or assistance, the contractor or affiliate would have or would appear to have an advantage in the Procurement. “Affiliate” means a person that, directly or indirectly through one or more intermediaries, controls, is controlled by or is under common control with a contractor described in this section.

(b) Exception.

(A) Before awarding a contract for the advice or assistance of a contractor described in subsection (3)(a), the Agency must request an exception from the State Chief Procurement Officer, if the Agency wishes to later accept an Offer from the Provider.

(B) The Agency’s request for the exception must be in a form and delivered in a manner approved by the State Chief Procurement Officer, and must include sufficient findings of fact and justifications that will enable the State Chief Procurement Officer to make an independent judgment.

(i) The Agency needs advice or assistance from a contractor to develop the Solicitation Materials;

(ii) Accepting an Offer from the contractor that gives the advice or assistance is the only practicable way in which the Agency can conduct the Procurement successfully; and

(iii) Approving the exception:

(I) Is unlikely to encourage favoritism in awarding public contracts or to substantially diminish competition for public contracts; and

(II) Is reasonably expected to result in substantial cost savings to the Agency; or the public or otherwise substantially promotes the public interest in a manner that could not be practicably realized by complying with the prohibition described in subsection (3)(a).

(D) If the State Chief Procurement Officer approves the Agency’s request, the State Chief Procurement Officer must prepare Written findings and justifications for the approval.

(E) If the State Chief Procurement Officer disapproves the Agency’s request, the State Chief Procurement Officer must:

(i) State the State Chief Procurement Officer’s reasons for the disapproval in a Written notice to the Agency, and

(ii) Indicate whether the disapproval extends only to the Agency’s acceptance of an Offer from a contractor described in Subsection (3)(a) or whether the State Chief Procurement Officer also disagrees with the Agency’s stated need for advice or assistance from a contractor.

(F) The State Chief Procurement Officer’s approval or disapproval is final.

History

Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070
Statutes/Other Implemented: ORS 279B.040, 279B.205 & 279B.210
DAS 5-2023, amend filed 12/29/2023, effective 01/01/2024
DAS 3-2018, amend filed 12/14/2018, effective 01/01/2019
DAS 3-2014, f. 12-29-14, cert. ef. 1-1-15
DAS 3-2012, f. 11-29-12, cert. ef. 12-1-12
DAS 5-2006, f. & cert. ef. 5-31-06

Or. Admin. R. 125-247-0691 Brand Name or Equal Specification

(1) Applicability and Use. This Rule applies to Specifications for a Solicitation or class of Solicitations. For a Solicitation or class of Solicitations under ORS 279B.060, 279B.065, 279B.070, 279B.085, or 279A.200–279A.225, as provided in 279B.215:

(a) A brand name or equal Specification may be used when the use of a brand name or equal Specification is advantageous to the Agency, because the brand name describes the standard of quality, performance, functionality and other characteristics of the product needed by the Agency.

(b) The Agency is entitled to determine what constitutes a product that is equal or superior to the product specified, and any such determination is final.

(c) Nothing in this Subsection may be construed as prohibiting an Agency from specifying one or more comparable products as examples of the quality, performance, functionality or other characteristics of the product needed by the Agency.

(2) Determination. A brand name Specification may be prepared and used only if the Agency determines for a Solicitation or a class of Solicitations that only the identified brand name Specification will meet the needs of the Agency based on one or more of the following Written determinations:

(a) That use of a brand name Specification is unlikely to encourage favoritism in the awarding of Public Contracts or substantially diminish competition for Public Contracts;

(b) That use of a brand name Specification would result in substantial cost savings to the Agency;

(c) That there is only one manufacturer or seller of the product of the quality, performance or functionality required; or

(d) That efficient utilization of existing Goods requires the acquisition of compatible Goods or Services.

(3) An Agency’s use of a brand name Specification may be subject to review only as provided in ORS 279B.405.

(4) Single Manufacturer, Multiple Sellers. An Authorized Agency may prepare and use a brand name or equal Specification for Supplies and Services available from only one manufacturer, but available through multiple sellers, if the Authorized Agency complies with Sections (1) and (2) of this Rule and the following requirements:

(a) If the total purchase is $25,000 or more but does not exceed $250,000 and Supplies and Services are not available under an existing Mandatory Use Contract, the Authorized Agency must obtain informal, competitive Quotes, Bids, or Proposals and document this process in the Procurement File according to ORS 279B.070 and OAR 125-247-0270;

(b) If the purchase exceeds $250,000, and the Supplies and Services are not available under an existing Price Agreement for information technology with competing products or a Mandatory Use Contract, an Authorized Agency must first request and obtain prior Written authorization from the State Chief Procurement Officer to proceed with the acquisition.

(5) Single Manufacturer, Multiple Purchases. If an Authorized Agency intends to make several purchases of brand name-specified Supplies and Services from a particular manufacturer or seller for a period not to exceed five (5) years, the Authorized Agency must so state this information in: the Procurement File; the Solicitation Document, if any; or a Public Notice of a solicitation on OregonBuys or other Electronic Procurement System approved by the State Chief Procurement Officer. If the Authorized Agency estimates the total purchase amount to exceed $250,000, this estimate must also be stated in the Public Notice. This Section (5) does not apply to Department Price Agreements, also known as Mandatory Use Contracts.

(6) Nothing in this Rule exempts the Authorized Agency from obtaining the approval of the Attorney General for legal sufficiency according to ORS 291.047.

(7) All State Contracting Agencies must comply with ORS 200.035 and applicable related Department statewide policy, despite this Rule.

History

Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070
Statutes/Other Implemented: ORS 279B.215
DAS 5-2023, amend filed 12/29/2023, effective 01/01/2024
DAS 1-2023, amend filed 04/11/2023, effective 05/01/2023
DAS 6-2022, temporary amend filed 11/07/2022, effective 11/07/2022 through 05/05/2023
DAS 3-2019, amend filed 12/23/2019, effective 01/01/2020
DAS 3-2018, amend filed 12/14/2018, effective 01/01/2019
DAS 2-2016, f. 12-22-16, cert. ef. 1-1-17
DAS 11-2009, f. 12-30-09, cert. ef. 1-1-10
DAS 6-2008, f. & cert. ef. 7-2-08
DAS 5-2006, f. & cert. ef. 5-31-06

Or. Admin. R. 125-247-0700 Protests and Judicial Review of Special Procurements

(1) See OAR 137-047-0700.

(2) Regardless of OAR 137-047-0700, the State Chief Procurement Officer is the Contract Review Authority for the Contracting Agency.

History

Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070
Statutes/Other Implemented: ORS 279B.400
DAS 5-2023, amend filed 12/29/2023, effective 01/01/2024
DAS 3-2012, f. 11-29-12, cert. ef. 12-1-12
DAS 3-2011, f. 12-22-11, cert. ef. 1-1-12
DAS 11-2009, f. 12-30-09, cert. ef. 1-1-10
DAS 6-2008, f. & cert. ef. 7-2-08
DAS 5-2006, f. & cert. ef. 5-31-06
DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05

Or. Admin. R. 125-247-0710 Protests and Judicial Review of Sole-Source Procurements

(1) See OAR 137-047-0710.

(2) Regardless of OAR 137-047-0710, the Designated Procurement Officer of the Authorized Agency is the Contract Review Authority if the cumulative value of the Contract and amendments does not exceed $250,000. The State Chief Procurement Officer is the Contract Review Authority if the cumulative value of the Contract and amendments exceeds $250,000.

History

Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070
Statutes/Other Implemented: ORS 279B.405
DAS 5-2023, amend filed 12/29/2023, effective 01/01/2024
DAS 1-2023, amend filed 04/11/2023, effective 05/01/2023
DAS 6-2022, temporary amend filed 11/07/2022, effective 11/07/2022 through 05/05/2023
DAS 3-2012, f. 11-29-12, cert. ef. 12-1-12
DAS 3-2011, f. 12-22-11, cert. ef. 1-1-12
DAS 11-2009, f. 12-30-09, cert. ef. 1-1-10
DAS 6-2008, f. & cert. ef. 7-2-08
DAS 5-2006, f. & cert. ef. 5-31-06
DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05

Or. Admin. R. 125-247-0720 Protests and Judicial Review of Multiple-Tiered and Multistep Solicitations

(1) See OAR 125-247-0720.

(2) Regardless of OAR 137-047-0720, the State Chief Procurement Officer is the Contracting Agency.

History

Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070
Statutes/Other Implemented: ORS 279B.405
DAS 5-2023, amend filed 12/29/2023, effective 01/01/2024
DAS 3-2012, f. 11-29-12, cert. ef. 12-1-12
DAS 3-2011, f. 12-22-11, cert. ef. 1-1-12
DAS 11-2009, f. 12-30-09, cert. ef. 1-1-10
DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05

Or. Admin. R. 125-247-0730 Protests and Judicial Review of Solicitations

(1) Purpose. A prospective Offeror may protest the Procurement Process or the Solicitation Document for a Contract solicited under ORS 279B.055, 279B.060 and 279B.085 as set forth in ORS 279B.405(2). According to ORS 279B.405(3), before seeking judicial review, a prospective Offeror must file a Written protest with the Authorized Agency and exhaust all administrative remedies.

(2) Delivery. Unless otherwise specified in the Solicitation Document, a prospective Offeror must deliver a Written protest to the Authorized Agency not less than seven (7) Days prior to Closing.

(3) Content of Protest. In addition to the information required by ORS 279B.405(4), a prospective Offeror's Written protest must include a statement of the desired changes to the Procurement Process or the Solicitation Document that the prospective Offeror believes will remedy the conditions upon which the prospective Offeror based its protest.

(4) Authorized Agency Response. The Authorized Agency may not consider a Prospective Offeror's Solicitation protest submitted after the timeline established for submitting such protest under this Rule, or such different time period as may be provided in the Solicitation Document. The Authorized Agency must consider the protest if it is timely filed and meets the conditions set forth in ORS 279B.405(4). The Authorized Agency must issue a Written disposition of the protest no less than three (3) business days before Bids, Proposals or Offers are due, unless a Written determination is made by the Authorized Agency that circumstances exist that require a shorter time limit, in accordance with the timeline set forth in ORS 279B.405(6). If the Authorized Agency upholds the protest, in whole or in part, the Authorized Agency may in its sole discretion either issue an Addendum reflecting its disposition under OAR 125-247-0430 or cancel the Procurement or Solicitation under OAR 125-247-0660.

(5) Extension of Closing. If the Authorized Agency receives a protest from a prospective Offeror in accordance with this Rule, the Authorized Agency may extend Closing if the Authorized Agency determines an extension is necessary to consider and respond to the protest.

(6) Clarification. Prior to the deadline for submitting a protest, a prospective Offeror may request that the Authorized Agency clarify any provision of the Solicitation Document. The Authorized Agency's clarification to an Offeror, whether orally or in Writing, does not change the Solicitation Document and is not binding on the Authorized Agency unless the Authorized Agency amends the Solicitation Document by Addendum.

(7) Judicial Review. Judicial review of the Authorized Agency's decision relating to a Solicitation protest must be in accordance with ORS 279B.405.

History

Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070
Statutes/Other Implemented: ORS 279B.405
DAS 6-2008, f. & cert. ef. 7-2-08
DAS 5-2006, f. & cert. ef. 5-31-06
DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05

Or. Admin. R. 125-247-0731 Protests and Judicial Review of Qualified Products List Decisions

(1) See OAR 137-047-0745.

(2) Regardless of OAR 137-047-0745, the Chief Procurement Officer is the Contracting Agency.

History

Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070
Statutes/Other Implemented: ORS 279B.115
DAS 3-2012, f. 11-29-12, cert. ef. 12-1-12
DAS 3-2011, f. 12-22-11, cert. ef. 1-1-12
DAS 6-2008, f. & cert. ef. 7-2-08
DAS 5-2006, f. & cert. ef. 5-31-06

Or. Admin. R. 125-247-0740 Protests and Judicial Review of Contract Award

(1) See OAR 137-047-0740.

(2) Regardless of OAR 137-047-0740, the State Chief Procurement Officer is the Contracting Agency.

History

Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070
Statutes/Other Implemented: ORS 279B.410 & 270B.415
DAS 5-2023, amend filed 12/29/2023, effective 01/01/2024
DAS 3-2012, f. 11-29-12, cert. ef. 12-1-12
DAS 3-2011, f. 12-22-11, cert. ef. 1-1-12
DAS 11-2009, f. 12-30-09, cert. ef. 1-1-10
DAS 5-2006, f. & cert. ef. 5-31-06
DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05

Or. Admin. R. 125-247-0750 Judicial Review of Other Violations

(1) See OAR 137-047-0750.

(2) Regardless of OAR 137-047-0750, the State Chief Procurement Officer is the Contracting Agency.

History

Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070
Statutes/Other Implemented: ORS 279B.420
DAS 5-2023, amend filed 12/29/2023, effective 01/01/2024
DAS 3-2012, f. 11-29-12, cert. ef. 12-1-12
DAS 3-2011, f. 12-22-11, cert. ef. 1-1-12
DAS 11-2009, f. 12-30-09, cert. ef. 1-1-10
DAS 6-2008, f. & cert. ef. 7-2-08
DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05

Or. Admin. R. 125-247-0760 Review of Prequalification and Debarment Decisions

(1) See OAR 137-047-0745.

(2) Regardless of OAR 137-047-0745, the State Chief Procurement Officer is the Contracting Agency.

History

Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070
Statutes/Other Implemented: ORS 279B.425
DAS 5-2023, amend filed 12/29/2023, effective 01/01/2024
DAS 3-2012, f. 11-29-12, cert. ef. 12-1-12
DAS 3-2011, f. 12-22-11, cert. ef. 1-1-12
DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05

Or. Admin. R. 125-247-0805 Amendments to Contracts and Price Agreements

(1) See OAR 137-047-0800.

(2) Regardless of OAR 137-047-0800, Authorized Agencies must comply with the following provisions:

(a) Authority. All Amendments to Contracts must be signed by the authorized representatives of the parties to the Contracts, except that Amendments to Ordering Instruments may be accepted by the action of the Provider in accordance with the terms and conditions of the Ordering Instruments. All Amendments must receive all required approvals before the Amendments become binding on the Authorized Agency and before any service may be performed or payment made, including but not limited to the Department of Justice legal sufficiency review according to ORS 291.047.

(b) Approval.

(A) For a Contract Awarded as an Intermediate Procurement pursuant to ORS 279B.070, if the cumulative value of the original Contract Price and all Amendments exceeds $250,000, or one hundred twenty-five percent (125%) of the original Contract Price, whichever is greater, then the Authorized Agency must request and obtain the prior approval of a Special Procurement in accordance with OAR 125-247-0287.

(B) For a Contract Awarded through Competitive Sealed Bidding pursuant to ORS 279B.055, or through Competitive Sealed Proposals pursuant to ORS 279B.060, if the cumulative value of the original Contract Price and all Amendments exceeds one hundred twenty-five percent (125%) of the original Contract Price, then the Authorized Agency must obtain the prior Written approval of the State Chief Procurement Officer or delegate.

(C) The Designated Procurement Officer or delegate, or the State Chief Procurement Officer or delegate, must determine and document that the proposed Amendment:

(i) Is not a material change of the essential identity or main purpose of the Original Contract; and

(ii) Does not constitute a new undertaking that should result in a new Procurement. The determination and approval must be included in the Procurement File.

(A) According to ORS 279B.055, 279B.060, 279B.065, 279B.070, 279B.075, 279B.080, 279B.085, or 279A.200 through 279A.220; or

(B) Other statutory law.

(d) Price Agreements. The Department or its delegate may amend a Price Agreement as permitted by the Price Agreement or applicable law.

(e) Intermediate Procurement. See OAR 125-247-0270.

(f) Emergency Procurement. See OAR 125-247-0280.

(g) Small Procurement. See OAR 125-247-0265.

History

Statutory/Other Authority: ORS 279A.065(5)(a) & ORS 279A.070
Statutes/Other Implemented: ORS 279A.070, ORS 279A.050, 279A.065(5) & 279A.140
DAS 5-2023, amend filed 12/29/2023, effective 01/01/2024
DAS 3-2018, amend filed 12/14/2018, effective 01/01/2019
DAS 3-2014, f. 12-29-14, cert. ef. 1-1-15
DAS 4-2013, f. 12-17-13, cert. ef. 1-1-14
DAS 3-2012, f. 11-29-12, cert. ef. 12-1-12

Or. Admin. R. 125-247-0810 Termination of Price Agreements

See OAR 137-047-0810.

History

Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070
Statutes/Other Implemented: ORS 279A.050, 279A.065(5), 279A.070 & 279A.140
DAS 3-2012, f. 11-29-12, cert. ef. 12-1-12

Or. Admin. R. 125-248-0100 Application

(1) In addition to the general requirements set forth in division 246 of these Rules, the Rules in this division 248 apply to:

(a) The screening and selection of Architects, Engineers, Photogrammetrists, Transportation Planners, Land Surveyors, and Providers of Related Services under Contracts, and set forth the procedures through which Authorized Agencies select Consultants to perform Architectural, Engineering, Photogrammetric Mapping, Transportation Planning and Land Surveying Services or Related Services; and

(b) Two-tiered procedures for selection of Architects, Engineers, Photogrammetrists, Transportation Planners, Land Surveyors and Providers of Related Services for certain Public Improvements owned and maintained by a Local Government.

(2) In the event of conflict or ambiguity, the more specific requirements of the Rules in this division 248 take precedence over the more general requirements of the Rules in Division 246.

(3) The Rules as a whole implement the Oregon Public Contracting Code, as defined in ORS 279A.010, and this division 248 of the Rules specifically addresses matters covered in ORS Chapter 279C.110 through 279C.125.

(4) Delegation of Authority for these contracts must be according to OAR 125-246-0170.

(5) The dollar Threshold amounts that are applicable to the Direct Appointment Procedure, OAR 125-248-0200, the Informal Selection Procedure, 125-248-0210, and the Formal Selection Procedure, 125-248-220, are independent from and have no effect on the dollar Threshold amounts that trigger the legal sufficiency review requirement for Agencies under ORS 291.047.

(6) For purposes of these Division 248 Rules, the Department adopts the following Model Public Contract Rules, as revised and effective January 1, 2016: OAR 137-048-0110, OAR 137-048-0120, OAR 137-048-0130, OAR 137-048-0200, OAR 137-048-0210, OAR 137-048-0220, OAR 137-048-0230, OAR 137-048-0240, OAR 137-048-0250, OAR 137-048-0260, OAR 137-048-0270, OAR 137-048-0300, OAR 137-048-0310, OAR 137-048-0320.

History

Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070
Statutes/Other Implemented: ORS 279A.065
DAS 1-2023, amend filed 04/11/2023, effective 05/01/2023
DAS 6-2022, temporary amend filed 11/07/2022, effective 11/07/2022 through 05/05/2023
DAS 4-2015, f. 12-29-15, cert. ef. 1-1-16
DAS 3-2014, f. 12-29-14, cert. ef. 1-1-12
DAS 3-2012, f. 11-29-12, cert. ef. 12-1-12
DAS 3-2011, f. 12-22-11, cert. ef. 1-1-12
DAS 6-2008, f. & cert. ef. 7-2-08
DAS 5-2006, f. & cert. ef. 5-31-06
DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05

Or. Admin. R. 125-248-0110 Definitions

See OAR 137-048-0110.

History

Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070
Statutes/Other Implemented: ORS 279A.065
DAS 3-2011, f. 12-22-11, cert. ef. 1-1-12
DAS 5-2006, f. & cert. ef. 5-31-06
DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05

Or. Admin. R. 125-248-0120 List of Interested Consultants; Performance Record

See OAR 137-048-0120.

History

Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070
Statutes/Other Implemented: ORS 279C.110
DAS 3-2011, f. 12-22-11, cert. ef. 1-1-12
DAS 5-2006, f. & cert. ef. 5-31-06
DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05

Or. Admin. R. 125-248-0130 Applicable Selection Procedures; Pricing Information; Disclosure of Proposals; Conflicts of Interest

(1) See OAR 137-048-0130.

(2) OAR 137-048-0130(2)(b) and (c) are clarified as follows:

(a) Authorized Agencies must follow ORS 279C.120 and may not select a Consultant pursuant to 279B and related OAR 137-047.

(b) When selecting a Consultant, Authorized Agencies must follow the applicable selection procedure under OAR 137-048-0200 (Direct Appointment Procedure), 137-048-0210 (Informal Selection Procedure) or 137-048-0220 (Formal Selection Procedure).

(c) Authorized Agencies may incorporate into the selection procedure described in subsection (2)(b) one or more specific procedures found in competitive sealed bidding and competitive sealed proposals as described in ORS 279B.055, 279B.060, OAR 125-247-0255, and 125-247-0260. Non-procedural requirements of ORS 279B and OAR 125-247, like highest standards and good cause, do not apply to the selection procedure.

History

Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070
Statutes/Other Implemented: ORS 279A.065, 279C.100 - 279C.125 & 279C.307
DAS 4-2013, f. 12-17-13, cert. ef. 1-1-14
DAS 3-2011, f. 12-22-11, cert. ef. 1-1-12
DAS 11-2009, f. 12-30-09, cert. ef. 1-1-10
DAS 6-2008, f. & cert. ef. 7-2-08
DAS 5-2006, f. & cert. ef. 5-31-06
DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05

Or. Admin. R. 125-248-0200 Direct Appointment Procedure

See OAR 137-048-0200.

History

Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070
Statutes/Other Implemented: ORS 279C110 & 279C.115
DAS 3-2011, f. 12-22-11, cert. ef. 1-1-12
DAS 11-2009, f. 12-30-09, cert. ef. 1-1-10
DAS 6-2008, f. & cert. ef. 7-2-08
DAS 5-2006, f. & cert. ef. 5-31-06
DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05

Or. Admin. R. 125-248-0210 Informal Selection Procedure

See OAR 137-048-0210.

History

Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070
Statutes/Other Implemented: ORS 279C.110
DAS 3-2011, f. 12-22-11, cert. ef. 1-1-12
DAS 11-2009, f. 12-30-09, cert. ef. 1-1-10
DAS 6-2008, f. & cert. ef. 7-2-08
DAS 5-2006, f. & cert. ef. 5-31-06
DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05

Or. Admin. R. 125-248-0220 Formal Selection Procedure

See OAR 137-048-0220.

History

Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070
Statutes/Other Implemented: ORS 279C.110
DAS 4-2015, f. 12-29-15, cert. ef. 1-1-16
DAS 3-2011, f. 12-22-11, cert. ef. 1-1-12
DAS 11-2009, f. 12-30-09, cert. ef. 1-1-10
DAS 6-2008, f. & cert. ef. 7-2-08
DAS 5-2006, f. & cert. ef. 5-31-06
DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05

Or. Admin. R. 125-248-0230 Ties Among Proposers

See OAR 137-048-0230.

History

Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070
Statutes/Other Implemented: ORS 279C.110
DAS 3-2011, f. 12-22-11, cert. ef. 1-1-12
DAS 11-2009, f. 12-30-09, cert. ef. 1-1-10
DAS 5-2006, f. & cert. ef. 5-31-06
DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05

Or. Admin. R. 125-248-0240 Protest Procedures

See OAR 137-048-0240.

History

Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070
Statutes/Other Implemented: ORS 279A.065 & 279C.110
DAS 3-2011, f. 12-22-11, cert. ef. 1-1-12
DAS 11-2009, f. 12-30-09, cert. ef. 1-1-10
DAS 6-2008, f. & cert. ef. 7-2-08
DAS 5-2006, f. & cert. ef. 5-31-06
DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05

Or. Admin. R. 125-248-0250 Solicitation Cancellation, Delay or Suspension; Rejection of All Proposals or Responses; Consultant Responsibility for Costs

See OAR 137-048-0250.

History

Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070
Statutes/Other Implemented: ORS 279A.065
DAS 3-2011, f. 12-22-11, cert. ef. 1-1-12
DAS 6-2008, f. & cert. ef. 7-2-08
DAS 5-2006, f. & cert. ef. 5-31-06
DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05

Or. Admin. R. 125-248-0260 Two-Tiered Selection Procedure for Local Contracting Agency Public Improvement Projects

See OAR 137-048-0260.

History

Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070
Statutes/Other Implemented: ORS 279C.110 & 279C.125
DAS 3-2011, f. 12-22-11, cert. ef. 1-1-12
DAS 11-2009, f. 12-30-09, cert. ef. 1-1-10
DAS 5-2006, f. & cert. ef. 5-31-06
DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05

Or. Admin. R. 125-248-0270 Price Agreements

See OAR 137-048-0270.

History

Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070
Statutes/Other Implemented: ORS 279A.065
DAS 3-2014, f. 12-29-14, cert. ef. 1-1-15

Or. Admin. R. 125-248-0300 Contract Form; Prohibited Payment Methodology; Purchase Restrictions

(1) See OAR 137-048-0300.

(2) Contract Forms. The Department must develop and maintain a standard Contract form and an Amendment form, which must be used by the Authorized Agencies in completing all Architectural, Engineering, Photogrammetric Mapping, Transportation Planning and Land Surveying Services and Related Services Contracts. These forms can be obtained from the Department. Authorized Agencies must review the approved Contract form and Amendment form at least every two years. If upon review the Authorized Agency revises either form, the Authorized Agency must obtain approval from its Designated Procurement Officer and the approval of the Attorney General for legal sufficiency according to ORS 291.047.

History

Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070
Statutes/Other Implemented: ORS 279A.065
DAS 3-2012, f. 11-29-12, cert. ef. 12-1-12
DAS 3-2011, f. 12-22-11, cert. ef. 1-1-12
DAS 11-2009, f. 12-30-09, cert. ef. 1-1-10
DAS 6-2008, f. & cert. ef. 7-2-08
DAS 5-2006, f. & cert. ef. 5-31-06
DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05

Or. Admin. R. 125-248-0310 Expired or Terminated Contracts; Reinstatement

See OAR 137-048-0310.

History

Statutory/Other Authority: ORS 279A.050, 279A.065(5)(a) & 279A.070
Statutes/Other Implemented: ORS 279A.065, 279A.070, 279C.110 & 279A.140
DAS 3-2011, f. 12-22-11, cert. ef. 1-1-12
DAS 11-2009, f. 12-30-09, cert. ef. 1-1-10
DAS 5-2006, f. & cert. ef. 5-31-06
DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05

Or. Admin. R. 125-248-0330 Special Contract Processes

(1) Consultants for Agreements-To-Agree must be selected, and the Authorized Agency must obtain Architectural, Engineering and Land Surveying and Related Services by selecting a Consultant or Consultants in the following manner:

(a) The Authorized Agency selects one or more Consultants under the applicable provisions of OAR 125-248-0200, 125-248-0210, or 125-248-0220.

(b) The Authorized Agency develops a document that includes the general provisions required under OAR 125-248-300 and a specific Statement of Work for each anticipated Contract under the Agreement-To-Agree document.

(c) When the Authorized Agency selects more than one Consultant under the Agreement-To-Agree Solicitation process, the Authorized Agency must identify a standard in the Solicitation Document and the Agreement-to-Agree to be used in assigning particular Architectural, Engineering and Land Surveying and or Related Services under the Agreements-To-Agree.

(2) Design-Build Contracts involve the provision of both design and construction services for Public Improvements under one Contract. Under most circumstances, Design-Build Contracts are Mixed Contracts with the predominate purpose of the Contract involving construction of the Public Improvement. If the predominate purpose of the Contract is to obtain Architectural, Engineering and Land Surveying and Related Services, selection may proceed under these division 248 rules, so long as the requirements of OAR 125-248-0300 are not violated. Otherwise, the selection process will require an exemption from competitive bidding under ORS 279C, unless the Design-Build Contract is to be awarded to the Responsible Bidder submitting the lowest Responsive Bid.

History

Statutory/Other Authority: ORS 279A.050, 279A.065(5)(a) & 279A.070
Statutes/Other Implemented: ORS 279C.110 & 279C.115
DAS 11-2009, f. 12-30-09, cert. ef. 1-1-10
DAS 5-2006, f. & cert. ef. 5-31-06
DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05

Or. Admin. R. 125-248-0340 Contract Amendments

See OAR 137-048-0320.

History

Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070
Statutes/Other Implemented: ORS 279A.065
DAS 3-2011, f. 12-22-11, cert. ef. 1-1-12
DAS 11-2009, f. 12-30-09, cert. ef. 1-1-10
DAS 6-2008, f. & cert. ef. 7-2-08
DAS 5-2006, f. & cert. ef. 5-31-06
DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05

Or. Admin. R. 125-249-0100 Application; Federal Override; Effective Date

See OAR 137-049-0100.

(1) In addition to the general requirements set forth in Division 246 of these Rules, the Rules in this division 249 apply to Public Improvement Contracts. Only specific Rules in this division 249 apply to Public Contracts for Ordinary Construction Services as described in OAR 125-249-0140. In the event of conflict or ambiguity, the more specific requirements of the Rules in this division 249 take precedence over the more general requirements of the Rules in division 246.

(2) The Rules as a whole implement the Oregon Public Contracting Code (Code), as defined in ORS 279A.010. This division 249 of the Rules specifically addresses matters covered in ORS Chapter 279C.005, 279C.010, 279C.300 through 279C.870. Rules related to Architectural, Engineering, Land Surveying, and Related Services are found in division 248.

(3) According to OAR 125-246-0100 and except as otherwise expressly provided in ORS 279C.800 through 279C.870, applicable federal statutes and regulations govern when federal funds are involved and the federal statutes or regulations require additional conditions or conflict with the Code or with these Rules.

(4) For purposes of these division 249 Rules, the Department adopts the following Model Public Contract Rules, as revised and effective January 1, 2016: OAR 137-049-0130, 137-049-0140, 137-049-0150, 137-049-0160, 137-049-0200, 137-049-0210, 137-049-0220, 137-049-0230, 137-049-0240, 137-049-0250, 137-049-0260, 137-049-0270, 137-049-0280, 137-049-0290, 137-049-0300, 137-049-0310, 137-049-0320, 137-049-0330, 137-049-0340, 137-049-0350, 137-049-0360, 137-049-0370, 137-049-0380, 137-049-0390, 137-049-0395, 137-049-0400, 137-049-0410, 137-049-0420, 137-049-0430, 137-049-0440, 137-049-0450, 137-049-0460, 137-049-0470, 137-049-0490, 137-049-0600, 137-049-0610, 137-049-0620, 137-049-0640, 137-049-0645, 137-049-0650, 137-049-0660, 137-049-0670, 137-049-0680, 137-049-0690, 137-049-0800, 137-049-0810, 137-049-0815, 137-049-0820, 137-049-0830, 137-049-0840, 137-049-0850, 137-049-0860, 137-049-0870, 137-049-0880, 137-049-0890, 137-049-0900, 137-049-0910.

History

Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070
Statutes/Other Implemented: ORS 279A.065
DAS 4-2015, f. 12-29-15, cert. ef. 1-1-16
DAS 3-2011, f. 12-22-11, cert. ef. 1-1-12
DAS 6-2008, f. & cert. ef. 7-2-08
DAS 5-2006, f. & cert. ef. 5-31-06
DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05

Or. Admin. R. 125-249-0110 Policies

In addition to the policies of the Code as set forth in ORS 279A.015, the policy on competition as provided in 279C.300 applies to this division, except as provided in 279C.335. The policy on least-cost for Public Improvements applies as described within 279C.305.

History

Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070
Statutes/Other Implemented: ORS 279C.300 & 279C.305
DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05

Or. Admin. R. 125-249-0120 Definitions

The definitions for this Division 249 are found in OAR 125-246-0110, except the following Rule and definitions apply only to this division 249: Capitalized terms used in this division 249 of the Rules must have the meaning set forth below or within the Sections in which they appear (such as the Section on Alternative Contracting Methods beginning at OAR 125-249-0600, and if not defined there, then the meaning set forth in division 246 of the Rules, and if not defined there, then the meaning set forth in the Code at ORS 279A.010 (general definitions) or 279C.330 (for the term Findings).

(1) "Competitive Range" means the number of Proposers with whom the Authorized Agency will conduct Discussions or Negotiations if the Authorized Agency intends to conduct Discussions or Negotiations in accordance with OAR 125-249-0390. The size of the Competitive Range must be stated in the Solicitation Document, but will be decreased if the number of Proposers that submit Proposals is less than the specified number, or may be increased by the Authorized Agency in accordance with OAR 125-249-0390.

(2) "Conduct Disqualification" means a Disqualification according to ORS 279C.440.

(3) "Disqualification" means the preclusion of a Person from contracting with an Authorized Agency for a period of time in accordance with OAR 125-249-0370. An Authorized Agency is authorized to disqualify a Person in accordance with OAR 125-249-0370.

(4) "Foreign Contractor" means a Contractor that is not domiciled in or registered to do business in the State of Oregon. See OAR 125-249-0490.

(5) "Notice" means any of the alternative forms of public announcement of Procurements, as described OAR 125-249-0210.

(6) "Responsible Offeror" (also, Responsible Bidder or Responsible Proposer, as applicable) means a Person that has submitted an Offer and meets the standards set forth in OAR 125-249-0390(2) and that has not been disqualified by the Authorized Agency under OAR 125-249-0370. When used alone, "Responsible" means meeting the aforementioned standards.

(7) "Responsive Offer" (also, Responsive Bid or Responsive Proposal, as applicable) means an Offer that substantially complies in all material respects with applicable Solicitation procedures and requirements and the Solicitation Document. When used alone, "Responsive" means having the characteristic of substantially complying in all material respects with applicable Solicitation procedure and requirements and the Solicitation Document.

History

Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070
Statutes/Other Implemented: ORS 279A.065
DAS 4-2015, f. 12-29-15, cert. ef. 1-1-16
DAS 11-2009, f. 12-30-09, cert. ef. 1-1-10
DAS 5-2006, f. & cert. ef. 5-31-06
DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05

Or. Admin. R. 125-249-0130 Competitive Bidding Requirement

See OAR 137-049-0130.

History

Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070
Statutes/Other Implemented: ORS 279C.335
DAS 3-2011, f. 12-22-11, cert. ef. 1-1-12
DAS 11-2009, f. 12-30-09, cert. ef. 1-1-10
DAS 5-2006, f. & cert. ef. 5-31-06
DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05

Or. Admin. R. 125-249-0140 Contracts for Construction Other Than Public Improvements

See OAR 137-049-0140.

History

Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070
Statutes/Other Implemented: ORS 279C.320
DAS 3-2011, f. 12-22-11, cert. ef. 1-1-12
DAS 6-2008, f. & cert. ef. 7-2-08
DAS 5-2006, f. & cert. ef. 5-31-06
DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05

Or. Admin. R. 125-249-0145 Contracts for Oversight of Public Contracts

(1) Application.

(a) This Rule does not apply to a Procurement that qualifies as a construction manager/general contractor procurement or a design-build procurement.

(A) "Construction Manager/General Contractor" (CM/GC) is defined in ORS 279C.332(2).

(B) "Design-Build" means a form of Procurement that results in a Public Improvement Contract in which the construction Contractor also provides or obtains specified design Services, participates on the project team with the Authorized Agency, and manages both design and construction. In this form of Contract, a single Person provides the Authorized Agency with all of the Personal Services and Work necessary to both design and construct the project.

(b) This Rule applies to:

(A) Procurements first advertised or otherwise solicited on or after January 1, 2010; or

(B) Contracts entered into on or after January 1, 2010.

(2) Definitions. For the purposes of this Rule only,

(a) “Personal Services” means Personal Services as defined in OAR 125-246-0110.

(b) “Affiliate” means a Person that, directly or indirectly through one or more intermediaries, controls, is controlled by or is under common control with the Contractor who is a party to a Public Contract that is subject to oversight by means of a Public Contract for Personal Services.

(3) Requirements.

(a) If an Authorized Agency has contracted with a firm to provide construction services or Architectural, Engineering and Land Surveying Services or Related Services, the Authorized Agency may not contract with that same firm or an affiliate of that firm to provide Personal Services for administering, managing, monitoring, inspecting, evaluating compliance with, or otherwise providing oversight of the construction services or Architectural, Engineering and Land Surveying Services or Related Services.

(b) An Authorized Agency may not contract with a firm to perform construction services or Architectural, Engineering and Land Surveying Services or Related Services and then use the contract with that firm, through a subcontract, to contract with a Person to provide Personal Services for administering, managing, monitoring, inspecting, evaluating compliance with, or otherwise providing oversight of that firm.

History

Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070
Statutes/Other Implemented: ORS 279C.307
DAS 3-2018, amend filed 12/14/2018, effective 01/01/2019
DAS 11-2009, f. 12-30-09, cert. ef. 1-1-10

Or. Admin. R. 125-249-0150 Emergency Contracts; Bidding and Bonding Exemptions

See OAR 137-049-0150.

History

Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070
Statutes/Other Implemented: ORS 279B.080, 279C.320 & 279C.380(4)
DAS 3-2011, f. 12-22-11, cert. ef. 1-1-12
DAS 9-2009, f. & cert. ef. 8-11-09
DAS 5-2009(Temp), f. & cert. ef. 2-13-09 thru 8-12-09
DAS 6-2008, f. & cert. ef. 7-2-08
DAS 5-2006, f. & cert. ef. 5-31-06
DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05

Or. Admin. R. 125-249-0160 Intermediate Procurements; Competitive Quotes and Amendments

See OAR 137-049-0160.

History

Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070
Statutes/Other Implemented: ORS 279C.412
DAS 3-2011, f. 12-22-11, cert. ef. 1-1-12
DAS 6-2008, f. & cert. ef. 7-2-08
DAS 5-2006, f. & cert. ef. 5-31-06
DAS 9-2005, f. & cert. ef. 8-3-05
DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05

Or. Admin. R. 125-249-0170 Buy America

(1) For purposes of this Rule:

(a) “Manufactured product” means a preassembled item that is made of iron or steel and that a Contractor brings to a construction project for incorporation into a Public Improvement or Public Works or a preassembled item that is made of iron or steel and that the Oregon Department of Administrative Services or the Oregon Department of Transportation acquires for a public use.

(b) “Produced in the United States” means:

(A) For iron and steel products, other than manufactured products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred within the United States; and

(B) For manufactured products, that:

(i) The manufacture of the product occurred within the United States; and

(ii) The cost of the components of the product that are mined, produced or manufactured in the United States is more than 55 percent of the total cost of all components of the product. The Oregon Department of Administrative Services or the Oregon Department of Transportation may establish, by Rule, a different standard for determining the minimum amount of the product that must be manufactured within the United States.

(2) The Oregon Department of Administrative Services and the Oregon Department of Transportation must:

(a) Require in each Public Improvement Contract or Contract for Public Works with an estimated Contract price of $250,000 or more that steel, iron, coatings for steel and iron, and manufactured products that a Contractor purchases for or uses in the Public Improvement or Public Works, and that become part of a permanent structure, must be produced in the United States.

(b) Clearly and conspicuously require in all solicitation documents for any procurement related to the Public Improvement Contract or Contract for Public Works that any resulting Public Improvement Contract or Contract for Public Works will include the requirement set forth in this Rule.

(c) Reject any Bid or Proposal that does not affirmatively attest that the Bidder or Proposer read and understood the requirement set forth in this Rule.

(3)(a) The requirement set forth in subsection (2) of this Rule does not apply if the Director of the Oregon Department of Administrative Services or the Director of the Oregon Department of Transportation, or either director’s designee, finds in writing that:

(A) The requirement is inconsistent with the public interest;

(B) Steel, iron, coatings for steel and iron and manufactured products required for the Public Improvement or Public Works are not produced in the United States in sufficient and reasonably available quantities and with satisfactory quality; or

(C) Using steel, iron, coatings for steel and iron or manufactured products produced in the United States for the Public Improvement or the Public Works will increase the cost of the Public Improvement or Public Works by more than 25 percent.

(b) Before making its finding, the Director of the Oregon Department of Administrative Services or the Director of the Oregon Transportation, as appropriate, must:

(A) Issue a draft finding that includes a detailed written explanation of the basis for waiving the requirement;

(B) Give public notice of the draft finding at the earliest practicable time, in a manner that the director determines will give adequate notice to the public and to Contractors that intend to submit, or have submitted, Bids or Proposals for the Public Improvement or Public Works;

(D) If, after considering any public comment, the director determines to waive the requirement set forth in this Rule, the director shall provide public notice of the director’s finding using the same method the director used to provide public notice of the draft finding.

(c) An Agency may request a waiver in a form and in a manner approved by the State Chief Procurement Officer, and must include sufficient findings of fact and justifications that will enable the State Chief Procurement Officer to make an independent judgment. If the director receives a request for a finding under this Rule, the director shall respond to the request within 15 days of receiving the request by:

(A) Issuing the draft finding described in this Rule; or

(B) Asking the person that submitted the request to provide any additional information the director requires to make the draft finding.

(d) The director may make a finding under this Rule that applies to a single Public Improvement Contract or Contract for Public Works, to a class of Public Improvement Contracts or Contracts for Public Works, or to a class of iron or steel products, coatings, or manufactured products.

(e) The director shall indicate the duration and applicability of the director’s finding in the document in which the director waives the requirement.

(f) The director may review and continue, amend, or rescind the director’s finding at any time.

(g) The director shall review any waiver under this Rule, at least every five years. Before continuing, amending, or rescinding a waiver, the director shall provide for public notice and comment using the same method used to provide public notice of the waiver.

(h) The State Chief Procurement Officer may delegate the duties of the Oregon Department of Administrative Services under this Rule to the head of a State Contracting Agency that enters into a Public Improvement Contract or Contract for Public Works under authority delegated from the Oregon Department of Administrative Services.

(4) The requirements of this Rule are subject to any applicable state and federal trade agreements.

History

Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070
Statutes/Other Implemented: ORS 279C & HB 3332, 2023 Leg. Session, Chapter 541, (2023 Laws)
DAS 5-2023, adopt filed 12/29/2023, effective 01/01/2024

Or. Admin. R. 125-249-0200 Solicitation Documents; Required Provisions; Assignment or Transfer

See OAR 137-049-0200.

History

Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070
Statutes/Other Implemented: ORS 279A.110, 279A.120, 279C.365, 279C.370, 279C.375, 279C.390, 279C.505-580, 279C.605, 305.385, 468A.720, 701.005 & 701.026
DAS 3-2011, f. 12-22-11, cert. ef. 1-1-12
DAS 11-2009, f. 12-30-09, cert. ef. 1-1-10
DAS 6-2008, f. & cert. ef. 7-2-08
DAS 5-2006, f. & cert. ef. 5-31-06
DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05

Or. Admin. R. 125-249-0210 Notice and Advertising Requirements; Posting

(1) See OAR 137-049-0210.

(2) Regardless of OAR 137-049-0210, the Authorized Agency must furnish Notice using OregonBuys or other Electronic Procurement System approved by the State Chief Procurement Officer.

History

Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070
Statutes/Other Implemented: ORS 279C.360 & 200.035
DAS 1-2023, amend filed 04/11/2023, effective 05/01/2023
DAS 6-2022, temporary amend filed 11/07/2022, effective 11/07/2022 through 05/05/2023
DAS 3-2019, amend filed 12/23/2019, effective 01/01/2020
DAS 3-2011, f. 12-22-11, cert. ef. 1-1-12
DAS 6-2008, f. & cert. ef. 7-2-08
DAS 5-2006, f. & cert. ef. 5-31-06
DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05

Or. Admin. R. 125-249-0220 Prequalification of Offerors

See OAR 137-049-0220.

History

Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070
Statutes/Other Implemented: ORS 279C.430 & 279C.435
DAS 3-2011, f. 12-22-11, cert. ef. 1-1-12
DAS 6-2008, f. & cert. ef. 7-2-08
DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05

Or. Admin. R. 125-249-0230 Eligibility to Bid or Propose; Registration or License

See OAR 137-049-0230.

History

Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070
Statutes/Other Implemented: ORS 279C.365, 671.530 & 701.026
DAS 3-2011, f. 12-22-11, cert. ef. 1-1-12
DAS 11-2009, f. 12-30-09, cert. ef. 1-1-10
DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05

Or. Admin. R. 125-249-0240 Pre-Offer Conferences

See OAR 137-049-0240.

History

Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070
Statutes/Other Implemented: ORS 279C.365 & 279C.370
DAS 3-2011, f. 12-22-11, cert. ef. 1-1-12
DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05

Or. Admin. R. 125-249-0250 Addenda to Solicitation Documents

See OAR 137-049-0250.

History

Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070
Statutes/Other Implemented: ORS 279A.065 & 279C.395
DAS 3-2011, f. 12-22-11, cert. ef. 1-1-12
DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05

Or. Admin. R. 125-249-0260 Request for Clarification or Change; Solicitation Protests

See OAR 137-049-0260.

History

Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070
Statutes/Other Implemented: ORS 279C.345 & 279C.365
DAS 3-2011, f. 12-22-11, cert. ef. 1-1-12
DAS 11-2009, f. 12-30-09, cert. ef. 1-1-10
DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05

Or. Admin. R. 125-249-0270 Cancellation of Solicitation Document

See OAR 137-049-0270.

History

Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070
Statutes/Other Implemented: ORS 279C.395
DAS 3-2011, f. 12-22-11, cert. ef. 1-1-12
DAS 11-2009, f. 12-30-09, cert. ef. 1-1-10
DAS 6-2008, f. & cert. ef. 7-2-08
DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05

Or. Admin. R. 125-249-0280 Offer Submissions

See OAR 137-049-0280.

History

Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070
Statutes/Other Implemented: ORS 279C.365 & 279C.375
DAS 3-2011, f. 12-22-11, cert. ef. 1-1-12
DAS 11-2009, f. 12-30-09, cert. ef. 1-1-10
DAS 6-2008, f. & cert. ef. 7-2-08
DAS 5-2006, f. & cert. ef. 5-31-06
DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05

Or. Admin. R. 125-249-0290 Bid or Proposal Security

See OAR 137-049-0290.

History

Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070
Statutes/Other Implemented: ORS 279C.365 & 279C.375
DAS 3-2011, f. 12-22-11, cert. ef. 1-1-12
DAS 6-2008, f. & cert. ef. 7-2-08
DAS 5-2006, f. & cert. ef. 5-31-06
DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05

Or. Admin. R. 125-249-0300 Facsimile Bids and Proposals

See OAR 137-049-0300.

History

Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070
Statutes/Other Implemented: ORS 279C.365
DAS 3-2011, f. 12-22-11, cert. ef. 1-1-12
DAS 11-2009, f. 12-30-09, cert. ef. 1-1-10
DAS 5-2006, f. & cert. ef. 5-31-06
DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05

Or. Admin. R. 125-249-0310 Electronic Procurement

See OAR 137-049-0310.

History

Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070
Statutes/Other Implemented: ORS 279C.365
DAS 3-2011, f. 12-22-11, cert. ef. 1-1-12
DAS 6-2008, f. & cert. ef. 7-2-08
DAS 5-2006, f. & cert. ef. 5-31-06
DAS 9-2005, f. & cert. ef. 8-3-05
DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05

Or. Admin. R. 125-249-0320 Pre-Closing Modification or Withdrawal of Offers

See OAR 137-049-0320.

History

Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070
Statutes/Other Implemented: ORS 279C.360, 279C.365, 279C.375 & 279C.395
DAS 3-2011, f. 12-22-11, cert. ef. 1-1-12
DAS 5-2006, f. & cert. ef. 5-31-06
DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05

Or. Admin. R. 125-249-0330 Receipt, Opening and Recording of Offers; Confidentiality of Offers

See OAR 137-049-0330.

History

Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070
Statutes/Other Implemented: ORS 279C.365, 279C.375 & 279C.395
DAS 3-2011, f. 12-22-11, cert. ef. 1-1-12
DAS 11-2009, f. 12-30-09, cert. ef. 1-1-10
DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05

Or. Admin. R. 125-249-0340 Late Bids, Late Withdrawals and Late Modifications

See OAR 137-049-0340.

History

Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070
Statutes/Other Implemented: ORS 279C.365, 279C.375 & 279C.395
DAS 3-2011, f. 12-22-11, cert. ef. 1-1-12
DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05

Or. Admin. R. 125-249-0350 Mistakes

See OAR 137-049-0350.

History

Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070
Statutes/Other Implemented: ORS 279C.375 & 279C.395
DAS 3-2011, f. 12-22-11, cert. ef. 1-1-12
DAS 11-2009, f. 12-30-09, cert. ef. 1-1-10
DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05

Or. Admin. R. 125-249-0360 First-Tier Subcontractors; Disclosure and Substitution; ITB

See OAR 137-049-0360.

History

Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070
Statutes/Other Implemented: ORS 279C.370, 279C.585, 279C.590 & 279C.835
DAS 3-2011, f. 12-22-11, cert. ef. 1-1-12
DAS 11-2009, f. 12-30-09, cert. ef. 1-1-10
DAS 5-2006, f. & cert. ef. 5-31-06
DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05

Or. Admin. R. 125-249-0370 Disqualification of Persons

See OAR 137-049-0370.

History

Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070
Statutes/Other Implemented: ORS 200.065, 200.075, 279A.110, 279C.440, 279C.445 & 279C.450
DAS 4-2015, f. 12-29-15, cert. ef. 1-1-16
DAS 3-2011, f. 12-22-11, cert. ef. 1-1-12
DAS 11-2009, f. 12-30-09, cert. ef. 1-1-10
DAS 5-2006, f. & cert. ef. 5-31-06
DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05

Or. Admin. R. 125-249-0380 Bid or Proposal Evaluation Criteria

See OAR 137-049-0380.

History

Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070
Statutes/Other Implemented: ORS 279C.335
DAS 3-2011, f. 12-22-11, cert. ef. 1-1-12
DAS 5-2006, f. & cert. ef. 5-31-06
DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05

Or. Admin. R. 125-249-0390 Offer Evaluation and Award; Determination of Responsibility

See OAR 137-049-0390.

History

Statutory/Other Authority: ORS 279A.065(5)(a), 279A.070, OL 2005 & Ch. 413
Statutes/Other Implemented: 279C.335, 279C.365, 279C.375 & 279C.395
DAS 4-2015, f. 12-29-15, cert. ef. 1-1-16
DAS 3-2011, f. 12-22-11, cert. ef. 1-1-12
DAS 11-2009, f. 12-30-09, cert. ef. 1-1-10
DAS 6-2008, f. & cert. ef. 7-2-08
DAS 5-2006, f. & cert. ef. 5-31-06
DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05

Or. Admin. R. 125-249-0395 Notice of Intent to Award

See OAR 137-049-0395.

History

Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070
Statutes/Other Implemented: ORS 279C.375
DAS 3-2011, f. 12-22-11, cert. ef. 1-1-12
DAS 6-2008, f. & cert. ef. 7-2-08
DAS 5-2006, f. & cert. ef. 5-31-06
DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05

Or. Admin. R. 125-249-0400 Documentation of Award; Availability of Award Decisions

See OAR 137-049-0400.

History

Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070
Statutes/Other Implemented: ORS 279C.365 & 279C.375
DAS 3-2011, f. 12-22-11, cert. ef. 1-1-12
DAS 5-2006, f. & cert. ef. 5-31-06
DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05

Or. Admin. R. 125-249-0410 Time for Authorized Agency Acceptance; Extension

See OAR 137-049-0410.

History

Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070
Statutes/Other Implemented: ORS 279C.375
DAS 3-2011, f. 12-22-11, cert. ef. 1-1-12
DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05

Or. Admin. R. 125-249-0420 Negotiation With Bidders Prohibited

See OAR 137-049-0420.

History

Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070
Statutes/Other Implemented: ORS 279C.340 & 279C.375
DAS 3-2011, f. 12-22-11, cert. ef. 1-1-12
DAS 11-2009, f. 12-30-09, cert. ef. 1-1-10
DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05

Or. Admin. R. 125-249-0430 Negotiation when Bids Exceed Cost Estimate

See OAR 137-049-0430.

History

Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070
Statutes/Other Implemented: ORS 279C.340
DAS 3-2011, f. 12-22-11, cert. ef. 1-1-12
DAS 11-2009, f. 12-30-09, cert. ef. 1-1-10
DAS 6-2008, f. & cert. ef. 7-2-08
DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05

Or. Admin. R. 125-249-0440 Rejection of Offers

See OAR 137-049-0440.

History

Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070
Statutes/Other Implemented: ORS 279A.105, 279A.110, 279C.375, 279C.380 & 279C.395
DAS 4-2015, f. 12-29-15, cert. ef. 1-1-16
DAS 3-2011, f. 12-22-11, cert. ef. 1-1-12
DAS 11-2009, f. 12-30-09, cert. ef. 1-1-10
DAS 5-2006, f. & cert. ef. 5-31-06
DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05

Or. Admin. R. 125-249-0450 Protest of Contractor Selection, Contract Award

See OAR 137-049-0450.

History

Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070
Statutes/Other Implemented: ORS 279C.375, 279C.380, 279C.385 & 279C.460
DAS 3-2011, f. 12-22-11, cert. ef. 1-1-12
DAS 11-2009, f. 12-30-09, cert. ef. 1-1-10
DAS 5-2006, f. & cert. ef. 5-31-06
DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05

Or. Admin. R. 125-249-0460 Performance and Payment Security; Waiver

(1) See OAR 137-049-0460.

(2) In addition to OAR 137-049-0460, an Authorized Agency having delegated Authority according to OAR 125-246-0170 may, in its discretion, waive the bid security requirements and performance and payment requirements if the amount of the Contract for the Public Improvement is less than $100,000.

History

Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070
Statutes/Other Implemented: ORS 279C.375, 279C.380 & 279C.390
DAS 1-2023, amend filed 04/11/2023, effective 05/01/2023
DAS 6-2022, temporary amend filed 11/07/2022, effective 11/07/2022 through 05/05/2023
DAS 3-2011, f. 12-22-11, cert. ef. 1-1-12
DAS 6-2008, f. & cert. ef. 7-2-08
DAS 5-2006, f. & cert. ef. 5-31-06
DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05

Or. Admin. R. 125-249-0470 Substitute Contractor

See OAR 137-049-0470.

History

Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070
Statutes/Other Implemented: ORS 279C.365, 279C.370, 279C.375, 279C.380 & 279C.390
DAS 3-2011, f. 12-22-11, cert. ef. 1-1-12
DAS 6-2008, f. & cert. ef. 7-2-08
DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05

Or. Admin. R. 125-249-0490 Foreign Contractor

See OAR 137-049-0490.

History

Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070
Statutes/Other Implemented: ORS 279A.120
DAS 3-2011, f. 12-22-11, cert. ef. 1-1-12
DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05

Or. Admin. R. 125-249-0600 Alternative Contracting Methods; Purpose

See OAR 137-049-0600.

History

Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070
Statutes/Other Implemented: ORS 279A.065, 279C.335 & 351.086
DAS 3-2011, f. 12-22-11, cert. ef. 1-1-12
DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05

Or. Admin. R. 125-249-0610 Definitions for Alternative Contracting Methods

See OAR 137-049-0610.

History

Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070
Statutes/Other Implemented: ORS 279A.065 & 279C.335
DAS 3-2011, f. 12-22-11, cert. ef. 1-1-12
DAS 5-2006, f. & cert. ef. 5-31-06
DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05

Or. Admin. R. 125-249-0620 Use of Alternative Contracting Methods

See OAR 137-049-0620.

History

Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070
Statutes/Other Implemented: ORS 279A.065, 279C.335 & 351.086
DAS 3-2011, f. 12-22-11, cert. ef. 1-1-12
DAS 11-2009, f. 12-30-09, cert. ef. 1-1-10
DAS 5-2006, f. & cert. ef. 5-31-06
DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05

Or. Admin. R. 125-249-0630 Findings, Notice and Hearing

(1) General. ORS 279C.335(1) requires that all Public Improvement Contracts be based on competitive bidding, unless excepted or exempted. ORS 279C.335(2) permits the Director of DAS or the delegate of the Director of DAS under ORS 279A.075, as the public contract review authority for the State, to grant exemptions from the requirement for competitive bidding. In OAR 125-246-0170(3), the Director of DAS delegated Authority to the State Chief Procurement Officer to conduct hearings, approve Agency or State Agency Findings, approve exemption requests and issue exemption orders under ORS 279C.335. This Rule provides guidance to the Agencies for making a request for an Exemption to the State Chief Procurement Officer in accordance with ORS 279C.335 and OAR 125-246-0170(3)(a).

(2) Findings: Required Information.

(a) "Findings" is defined in ORS 279C.330, and for purposes of this Rule, ORS 279C.345, and 279C.350, means the justification for an Agency or State Agency conclusion that includes, but is not limited to, information regarding:

(A) Operational, budget and financial data;

(B) Public benefits;

(D) Specialized expertise required;

(E) Public safety;

(F) Market conditions;

(G) Technical complexity; and

(H) Funding sources.

(b) For purposes of this Rule and ORS 279C.335, “Findings” is defined in ORS 279C.330, and means the justification for a conclusion that an Agency or State Agency, in seeking an exemption from the competitive bidding requirement of ORS 279C.335(1), reaches based on the considerations set forth in ORS 279C.335(2).

(c) For purposes of this Rule and ORS 279C.335, “State Agency” is defined in ORS 279A.010 and means the executive department, except the Secretary of State and the State Treasurer in the performance of the duties of their constitutional offices.

(d) An Agency or State Agency seeking an exemption must submit the following Findings for approval:

(A) The exemption is unlikely to encourage favoritism in awarding Public Improvement Contracts or substantially diminish competition for Public Improvement Contracts; and

(B) Awarding a Public Improvement Contract under the exemption will likely result in substantial cost savings and other substantial benefits to the Agency seeking the exemption. In approving a Finding under this paragraph, the Director of DAS shall consider the type, cost and amount of the Contract and, to the extent applicable to the particular Public Improvement Contract or class of Public Improvement Contracts, the following:

(i) How many Persons are available to bid;

(ii) The construction budget and the projected operating costs for the completed Public Improvement;

(iii) Public benefits that may result from granting the exemption;

(iv) Whether value engineering techniques may decrease the cost of the Public Improvement;

(v) The cost and availability of specialized expertise that is necessary for the Public Improvement;

(vi) Any likely increases in public safety;

(vii) Whether granting the exemption may reduce risks to the Contracting Agency, the State Agency or the public that are related to the Public Improvement;

(viii) Whether granting the exemption will affect the sources of funding for the Public Improvement;

(ix) Whether granting the exemption will better enable the Contracting Agency to control the impact that market conditions may have on the cost of and time necessary to complete the Public Improvement;

(x) Whether granting the exemption will better enable the Contracting Agency to address the size and technical complexity of the Public Improvement;

(xi) Whether the Public Improvement involves new construction or renovates or remodels an existing structure;

(xii) Whether the Public Improvement will be occupied or unoccupied during construction;

(xiii) Whether the Public Improvement will require a single phase of construction work or multiple phases of construction work to address specific project conditions; and

(xiv) Whether the Contracting Agency or State Agency has, or has retained under Contract, and will use Contracting Agency or State Agency personnel, Consultants and legal counsel that have necessary expertise and substantial experience in alternative contracting methods to assist in developing the alternative contracting method that the Contracting Agency or State Agency will use to award the Public Improvement Contract and to help negotiate, administer and enforce the terms of the Public Improvement Contract.

(C) As an alternative to the Finding described in paragraph (B), if an Agency or State Agency seeks an exemption that would allow the Agency or State Agency to use an alternative contracting method that the Agency or State Agency has not previously used, the Agency or State Agency may make a Finding that identifies the project as a pilot project for which the Agency or State Agency intends to determine whether using the alternative contracting method actually results in substantial cost savings to the Agency or State Agency. The Agency or State Agency must include an analysis and conclusion regarding actual cost savings, if any, in the evaluation required under ORS 279C.355.

(3) Specificity of Findings.

(a) Method. Findings supporting a competitive bidding exemption must describe with specificity the alternative contracting method to be used in lieu of competitive bidding, including, but not limited to, whether a one step (Request for Proposals) or two step (beginning with Requests for Qualifications) solicitation process will be utilized.

(b) Project(s). The Findings must clearly and generally identify the project with respect to its defining characteristics. Those characteristics must include at least: project descriptions, locations, anticipated time periods, anticipated contract values or the range of values, and other significant factors that distinguish the project(s) from an Agency's overall construction program.

(c) Contract. The Findings may also describe anticipated characteristics or features of the resulting Public Improvement Contract. The parameters of the Public Improvement Contract are those characteristics or specifics that are announced in the Solicitation Document.

(d) Basis for an Order. The State Chief Procurement Officer relies upon the representations and accuracy of the Agency’s Findings, which form the basis for and are incorporated by reference in any subsequent exemption order.

(4) Prior Review of Draft Findings. Agencies must submit draft Findings to the State Chief Procurement Officer for review and concurrence prior to advertising the public hearing required by ORS 279C.335(5). Agencies must also submit draft Findings to the Department of Justice for review and comment prior to advertising the public hearing.

(5) Class Exemptions. In making the Findings supporting an exemption for a class of Public Improvement Contracts, the Agency must clearly identify the class with respect to its defining characteristics. Those characteristics must include some combination of project descriptions or locations, time periods, contract values or method of Procurement or other factors that distinguish the limited and related class of projects from the Agency's overall construction program. Classes must not be defined solely by funding sources, such as a particular bond fund, or by method of Procurement, but must be defined by characteristics that reasonably relate to the exemption criteria set forth in ORS 279C.335(2).

(6) Public Hearing. Before final adoption of Findings exempting a Public Improvement Contract or class of Contracts from the requirement of competitive bidding, an Agency must give notice and hold a public hearing as required by ORS 279C.335(5). The hearing must be for the purpose of receiving public comment on the Agency's draft Findings.

(7) In granting an exemption under ORS 279C.335(2), the State Chief Procurement Officer shall:

(a) If appropriate, direct the use of alternative contracting methods that take account of market realities and modern practices and are consistent with the public policy of encouraging competition.

(b) Require and approve or disapprove Written Findings by the agency that support awarding a particular Public Improvement Contract or a class of Public Improvement Contracts, without the competitive bidding requirement of ORS 279C.335(1). The Findings must show that the exemption complies with the requirements of ORS 279C.335 (2).

(c) Require an Agency that procures Construction Manager/General Contractor (“CM/GC”) Services to conduct the Procurement in accordance with the CM/GC contracting requirements contained in the DOJ Model Rules for CM/GC procurements in OAR 137-049.

(d) Require an Agency that procures Design-Build services to conduct the Procurement, to the extent feasible and consistent with the exemption, in accordance with the Design-Build contracting requirements contained in OAR 125-249-0600 through 125-249-0670 and in the DOJ Model Rules for Design-Build procurements in OAR 137-049.

History

Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070
Statutes/Other Implemented: ORS 279A.065 & 279C.335
DAS 1-2023, amend filed 04/11/2023, effective 05/01/2023
DAS 6-2022, temporary amend filed 11/07/2022, effective 11/07/2022 through 05/05/2023
DAS 3-2019, amend filed 12/23/2019, effective 01/01/2020
DAS 3-2018, amend filed 12/14/2018, effective 01/01/2019
DAS 3-2012, f. 11-29-12, cert. ef. 12-1-12
DAS 6-2008, f. & cert. ef. 7-2-08
DAS 5-2006, f. & cert. ef. 5-31-06
DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05

Or. Admin. R. 125-249-0640 Competitive Proposals; Procedure

See OAR 137-049-0640.

History

Statutory/Other Authority: ORS 279C.335 & 279A.065
Statutes/Other Implemented: ORS 279A.065, 279C.335 & 351.086
DAS 3-2011, f. 12-22-11, cert. ef. 1-1-12
DAS 11-2009, f. 12-30-09, cert. ef. 1-1-10
DAS 5-2006, f. & cert. ef. 5-31-06
DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05

Or. Admin. R. 125-249-0645 Requests for Qualifications (RFQ)

See OAR 137-049-0645.

History

Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070
Statutes/Other Implemented: ORS 279C.405
DAS 3-2011, f. 12-22-11, cert. ef. 1-1-12
DAS 11-2009, f. 12-30-09, cert. ef. 1-1-10
DAS 6-2008, f. & cert. ef. 7-2-08
DAS 5-2006, f. & cert. ef. 5-31-06

Or. Admin. R. 125-249-0650 Requests for Proposals (RFP)

See OAR 137-049-0650.

History

Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070
Statutes/Other Implemented: ORS 279C.400 - 279C.410
DAS 3-2011, f. 12-22-11, cert. ef. 1-1-12
DAS 11-2009, f. 12-30-09, cert. ef. 1-1-10
DAS 5-2006, f. & cert. ef. 5-31-06
DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05

Or. Admin. R. 125-249-0660 RFP Pricing Mechanisms

See OAR 137-049-0660.

History

Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070
Statutes/Other Implemented: ORS 279C.335
DAS 3-2011, f. 12-22-11, cert. ef. 1-1-12
DAS 11-2009, f. 12-30-09, cert. ef. 1-1-10
DAS 5-2006, f. & cert. ef. 5-31-06
DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05

Or. Admin. R. 125-249-0670 Design-Build Contracts

See OAR 137-049-0670.

History

Statutory/Other Authority: ORS 279C.335 & 279A.065
Statutes/Other Implemented: ORS 279A.065, 279C.110, 279C.335 & 351.086
DAS 3-2011, f. 12-22-11, cert. ef. 1-1-12
DAS 5-2006, f. & cert. ef. 5-31-06
DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05

Or. Admin. R. 125-249-0680 Energy Savings Performance Contracts (ESPC)

See OAR 137-049-0680.

History

Statutory/Other Authority: ORS 279C.335 & 279A.065
Statutes/Other Implemented: ORS 279A.065, 279C.110, 279C.335 & 351.086
DAS 3-2011, f. 12-22-11, cert. ef. 1-1-12
DAS 11-2009, f. 12-30-09, cert. ef. 1-1-10
DAS 5-2006, f. & cert. ef. 5-31-06
DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05

Or. Admin. R. 125-249-0690 Construction Manager/General Contractor (CM/GC)

See OAR 137-049-0690.

History

Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070
Statutes/Other Implemented: ORS 297C.335 & 279C.380(2)
DAS 3-2011, f. 12-22-11, cert. ef. 1-1-12
DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05

Or. Admin. R. 125-249-0800 Required Contract Clauses

See OAR 137-049-0800.

History

Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070
Statutes/Other Implemented: ORS 297C.505 - 279C.545 & 279C.800 - 279C.870
DAS 3-2011, f. 12-22-11, cert. ef. 1-1-12
DAS 11-2009, f. 12-30-09, cert. ef. 1-1-10
DAS 6-2008, f. & cert. ef. 7-2-08
DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05

Or. Admin. R. 125-249-0810 Waiver of Delay Damages Against Public Policy

See OAR 137-049-0810.

History

Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070
Statutes/Other Implemented: ORS 279C.315
DAS 3-2011, f. 12-22-11, cert. ef. 1-1-12
DAS 11-2009, f. 12-30-09, cert. ef. 1-1-10
DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05

Or. Admin. R. 125-249-0815 BOLI Public Works Bond

See OAR 137-049-0815.

History

Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070
Statutes/Other Implemented: ORS 279C.830
DAS 3-2011, f. 12-22-11, cert. ef. 1-1-12
DAS 11-2009, f. 12-30-09, cert. ef. 1-1-10
DAS 5-2006, f. & cert. ef. 5-31-06

Or. Admin. R. 125-249-0820 Retainage

See OAR 137-049-0820.

History

Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070
Statutes/Other Implemented: ORS 279C.560, 279C.570 & 701.420
DAS 3-2011, f. 12-22-11, cert. ef. 1-1-12
DAS 11-2009, f. 12-30-09, cert. ef. 1-1-10
DAS 5-2006, f. & cert. ef. 5-31-06
DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05

Or. Admin. R. 125-249-0830 Contractor Progress Payments

See OAR 137-049-0830.

History

Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070
Statutes/Other Implemented: ORS 279C.570
DAS 3-2011, f. 12-22-11, cert. ef. 1-1-12
DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05

Or. Admin. R. 125-249-0840 Interest

See OAR 137-049-0840.

History

Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070
Statutes/Other Implemented: ORS 279C.570
DAS 3-2011, f. 12-22-11, cert. ef. 1-1-12
DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05

Or. Admin. R. 125-249-0850 Final Inspection

See OAR 137-049-0850.

History

Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070
Statutes/Other Implemented: ORS 279C.570(8)
DAS 3-2011, f. 12-22-11, cert. ef. 1-1-12
DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05

Or. Admin. R. 125-249-0860 Public Works Contracts

See OAR 137-049-0860.

History

Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070
Statutes/Other Implemented: ORS 279C.800 - 279C.870
DAS 3-2011, f. 12-22-11, cert. ef. 1-1-12
DAS 11-2009, f. 12-30-09, cert. ef. 1-1-10
DAS 6-2008, f. & cert. ef. 7-2-08
DAS 5-2006, f. & cert. ef. 5-31-06
DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05

Or. Admin. R. 125-249-0870 Specifications; Brand Name Products

See OAR 137-049-0870.

History

Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070
Statutes/Other Implemented: ORS 279C.345
DAS 3-2011, f. 12-22-11, cert. ef. 1-1-12
DAS 11-2009, f. 12-30-09, cert. ef. 1-1-10
DAS 5-2006, f. & cert. ef. 5-31-06
DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05

Or. Admin. R. 125-249-0880 Records Maintenance; Right to Audit Records

See OAR 137-049-0880.

History

Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070
Statutes/Other Implemented: ORS 279A.030, 279C.375, 279C.380 & 279C.440
DAS 3-2011, f. 12-22-11, cert. ef. 1-1-12
DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05

Or. Admin. R. 125-249-0890 Authorized Agency Payment for Unpaid Labor or Supplies

See OAR 137-049-0890.

History

Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070
Statutes/Other Implemented: ORS 279C.515
DAS 3-2011, f. 12-22-11, cert. ef. 1-1-12
DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05

Or. Admin. R. 125-249-0900 Contract Suspension; Termination Procedures

See OAR 137-049-0900.

History

Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070
Statutes/Other Implemented: ORS 279C.650, 279C.655, 279C.660, 279C.665 & 279C.670
DAS 3-2011, f. 12-22-11, cert. ef. 1-1-12
DAS 11-2009, f. 12-30-09, cert. ef. 1-1-10
DAS 5-2006, f. & cert. ef. 5-31-06
DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05

Or. Admin. R. 125-249-0910 Changes to the Work and Contract Amendments

See OAR 137-049-0910.

History

Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070
Statutes/Other Implemented: ORS 279A.065 & 279C.400(1)
DAS 3-2011, f. 12-22-11, cert. ef. 1-1-12
DAS 5-2006, f. & cert. ef. 5-31-06
DAS 9-2005, f. & cert. ef. 8-3-05
DAS 4-2004, f. 11-23-04, cert. ef. 3-1-05

Division 300 STATE PEER REVIEW AUDITS

Or. Admin. R. 125-300-0200 Purpose, Definitions, Reviews, and Annual Reports

(1) This rule is for defined Health Related Licensing Boards and the Oregon Health Licensing Agency to provide periodic reports and peer reviews to support the primary mission of protecting the public.

(2) Health Professional Regulatory Boards listed in ORS 676.160, other than the Oregon Health Authority with regard to certification of emergency technicians; and

(3) Health Licensing Agency created in ORS 676.605, consisting of the Boards in ORS 676.606.

(4) A Peer Review Committee will be selected by a majority of the agency executive directors and include at least two executive directors from the Health Professional Regulatory Boards and at least one public member of a Health Professional Regulatory Board. The Peer Review Committee shall:

(a) Conduct periodic review of agencies;

(b) Examine investigative, monitoring or licensing files; and

(5) The executive director of each agency shall provide an annual report to the Governor’s office. The annual report shall include the following information for the reporting period:

(a) Number and type of current licensees;

(b) Number and type of applications processed;

(d) Number and type of board disciplinary actions taken;

(e) Number of licensees on probation;

(f) Number of licensees in the Health Professional Services program;

(g) Number of full time equivalent staff;

(h) Legislatively approved biennial budget amount; and.

(i) Summary of key performance measures.

History

Statutory/Other Authority: ORS 426.385, 675.070, 675.100, 675.130, 675.300, 675.310, 675.320, 675.510, 675.540, 675.583, 675.590, 675.600, 675.745, 675.775, 675.785, 676.165, 676.608, 677.010, 677.188, 677.190, 677.235, 677.250, 677.270, 677.275, 677.415, 677.417, 677.655, 678.111, 678.112, 678.140, 678.150, 678.442, 678.780, 678.800, 679.140, 679.230, 679.250, 679.290, 681.350, 681.400, 681.410, 681.450, 683.140, 683.250, 683.260, 684.010, 684.100, 684.103, 684.130, 684.140, 684.157, 685.110, 685.160, 685.170, 686.120, 686.130, 686.210, 687.051, 687.081, 687.115, 688.140, 688.160, 688.525, 688.545, 689.005, 689.115, 689.165, 689.195, 689.255, 689.265, 689.405, 689.508, 691.485, 691.505, 691.535, 692.180, 692.300, 692.320, sec. 38, ch. 43 OL 2009 (SB 131), sec. 50 OL 2009 (SB 177), repealing ORS 689.125 & sec. 1, ch 43, OL 2009 (SB131), & sec. 2 & OL 2009 (SB 177).
Statutes/Other Implemented: ORS 676.160
DAS 2-2011, f. & cert. ef. 8-1-11

Division 700 INTERNAL AUDITING

Or. Admin. R. 125-700-0010 Purpose

The Oregon Department of Administrative Services is responsible for adopting rules setting standards and policies for internal audit functions within state government under authority provided in ORS 184.360(3). The rules include, but are not limited to:

(1) Standards for internal audits that are consistent with and incorporate commonly recognized industry standards and practices; and

(2) Policies and procedures that ensure the integrity of the internal audit process.

History

Statutory/Other Authority: ORS 184.360
Statutes/Other Implemented: ORS 184.360(3)
DAS 2-2014, f. 4-30-14, cert. ef. 5-1-14
DAS 1-2006, f. & cert. ef. 1-30-06

Or. Admin. R. 125-700-0015 Definitions

(1) Agency: “State Agency” means any elected or appointed officer, board, commission, department, institution, branch, or other unit of the state government.

(2) Assurance Audit Services: An objective examination of evidence for the purpose of providing an independent assessment on governance, risk management, and control processes for the organization. Examples may include financial, performance, compliance, system security, and due diligence engagements.

(3) Consultation Audit Services: Advisory and related client services activities, the nature and scope of which are agreed with the client, are intended to add value and improve an organization’s governance, risk management, and control processes without the internal auditor assuming management responsibility. Examples include counsel, advice, facilitation, and training.

(4) Audit Committee: A committee that provides oversight of internal auditing for the agency. The purpose of the audit committee is to enhance the quality and independence of the internal audit function, thereby helping to ensure the integrity of the internal audit process.

(5) Chief Audit Executive: Top position within the organization responsible for internal audit activities. Normally, this would be the internal audit director. In the case where internal audit activities are obtained from outside service providers, the chief audit executive is the person responsible for overseeing the service contract and the overall quality assurance of these activities, reporting to senior management and the board regarding internal audit activities, and follow-up of engagement results.

(6) Internal Audit Function: A program within an agency that provides independent, objective assurance and consulting services designed to add value and improve an organization’s operations and facilitate oversight, accountability, and transparency.

(7) Internal Audit Services: Specific activities provided by auditors within the internal audit function. Examples include risk assessments, assurance audit services, and internal audit plans.

(8) Internal Auditing: An independent, objective assurance and consulting activity designed to add value and improve an organization's operations. It helps an organization accomplish its objectives by bringing a systematic, disciplined approach to evaluate and improve the effectiveness of risk management, control, and governance processes.

(9) Professional Auditing Standards: Principles established to ensure the competence and independence of the audit function and the quality of audit work. The Code of Ethics and International Standards for the Professional Practice of Internal Auditing promulgated by the Institute of Internal Auditors, and Generally Accepted Government Auditing Standards, promulgated by the Government Accountability Office, are the two major sets of standards that govern both the conduct of audit work and the audit function.

(10) Risk: The possibility of an event occurring that will have an impact on the achievement of objectives. Risk is measured in terms of impact (the effect) and likelihood (the probability the event will occur).

(11) Risk Assessment: A process of identifying, analyzing, and prioritizing risks to the achievement of an agency’s mission, goals, or objectives.

(12) Risk Management: A process to identify, assess, manage, and control potential events or situations to provide reasonable assurance regarding the achievement of the organization's objectives.

(13) Cash Equivalents: Cash equivalents are the total value of cash on hand that includes items that are similar to cash; low-risk securities include U.S. government T-bills, bank CD’s, bankers’ acceptance, corporate commercial paper, and other money market instruments. For the purpose of this rule the amount reflected in Oregon Accounting Manual GL3100 will be used.

(14) Audit Plan (Risk Based): A Plan to determine the priorities of the internal audit function, consistent with the agency’s goals.

(15) Quality Assurance and Improvement Plan (QAIP): An evaluation of whether the internal audit activity is in conformance with professional standards.

(16) External Assessment: An assessment by a qualified, independent assessor or assessment team from outside the organization in the form of a full external assessment or an internal assessment with external validation.

(17) Independence: Freedom from conditions that threaten the ability of the internal audit activity to carry out internal audit responsibilities in an unbiased manner.

(18) Objectivity: An impartial, unbiased attitude and avoidance of conflicts of interest.

(19) Cash Revenue: Any and all cash income realized as a result of operating activities calculated in accordance with generally accepted accounting principles.

History

Statutory/Other Authority: ORS 184.360
Statutes/Other Implemented: ORS 184.360(3)
DAS 3-2022, amend filed 04/27/2022, effective 05/01/2022
DAS 2-2014, f. 4-30-14, cert. ef. 5-1-14
DAS 1-2011, f. 6-23-11, cert. ef. 6-30-11
Reverted to DAS 1-2006, f. & cert. ef. 1-30-06
DAS 1-2010(Temp), f. & cert. ef 6-29-10 thru 12-26-10
DAS 1-2006, f. & cert. ef. 1-30-06

Or. Admin. R. 125-700-0125 Internal Auditing Requirements

(1) Agencies that meets two or more of the criteria below for the last two consecutive biennium, the agency head shall establish, maintain, and fully support an internal audit function within existing resources. Agencies may outsource some internal audit activities if the agency determines that it is more cost efficient and meets OAR 125-700-0126.

(a) Total biennial expenditures exceed $200 million.

(b) Number or full-time equivalent employees exceeds 400 reflected in the Legislative Adopted Budget.

(c) Dollar value of cash revenue and cash equivalent items received and processed annually exceeds $20 million as reflected in GL 3100.

(d) Agencies that are being funded over 50% from accounts in “other funds” and/or “federal funds” reflected in the Legislative Adopted Budget.

(2) For agencies that meet the requirement of this OAR, the internal audit function shall be staffed with a minimum of 1 FTE. This position shall be budgeted and maintained at the Chief Audit Executive level. Subsequent FTE may be budgeted at lower positions and reports to the Chief Audit Executive.

(3) Exceptions to having an internal audit function may be requested in writing by agency heads to the Chief Operating Officer of the Department of Administrative Services. Each exception request will be reviewed and decisions made on a case-by-case basis.

(4) For agencies not meeting the criteria above, an internal audit function is encouraged. Agencies that have an internal audit function must follow this OAR.

History

Statutory/Other Authority: ORS 184.360
Statutes/Other Implemented: ORS 184.360(3)
DAS 3-2022, amend filed 04/27/2022, effective 05/01/2022
DAS 2-2014, f. 4-30-14, cert. ef. 5-1-14
DAS 1-2011, f. 6-23-11, cert. ef. 6-30-11

Or. Admin. R. 125-700-0126 Contracted Internal Audit Services

(1) All agencies are able to contract for internal audit services according to laws, rules, and statewide policies guiding procurement processes.

(2) Agencies meeting the requirement to establish, maintain, and fully support an internal audit function set in OAR 125-700-0125 may contract for internal audit services to meet, in whole or in part, requirements for audit work set in this chapter and ORS 184.360, including:

(a) Completion of a risk assessment of the entire agency which conforms to audit standards established by nationally recognized entities such as the United State Government Accountability Office or the Institute of Internal Auditors.

(b) Selection and performance of at least one audit identified in the agency risk assessment per year.

(3) Agencies meeting the requirement to establish, maintain and fully support an internal audit function set in OAR 125-700-0125 and using contracted internal audit services to meet, in whole or in part, requirements set in this chapter and ORS 184.360 may not contract for management of the internal audit function. These agencies retain responsibility for maintaining an effective internal audit activity in accordance with standards and policies for management of internal audit set in this chapter related to Governance (0135), Planning and Reporting (0140), and External Review (0145).

(4) Providers of contracted internal audit services will:

(a) Make the contracting agency aware of its responsibility to maintain an effective internal audit activity in accordance with professional auditing standards, the rules of this chapter, and ORS 184.360.

(b) Attest whether or not the agency has and/or conforms to an existing QAIP, or disclose to senior management and the board any instances where the internal audit activity does not conform with the Standards or the Code of Ethics and how the lack of conformance impacts the overall scope or operation of the internal audit activity

(c) Provide to the agency documentation necessary to demonstrate compliance with the established the QAIP, professional audit standards, rules of this chapter, and ORS 184.360.

History

Statutory/Other Authority: ORS 184.360
Statutes/Other Implemented: ORS 184.360(3)
DAS 3-2022, adopt filed 04/27/2022, effective 05/01/2022

Or. Admin. R. 125-700-0135 Agency Internal Audit Function Governance

(1) Agency internal audit functions shall be governed by appropriate professional auditing standards such as The Institute of Internal Auditors (IIA) International Professional Practices Framework (IPPF) or the Generally Accepted Government Auditing Standards (GAGAS) of the United States Government Accountability Office (GAO).

(2) To help ensure the integrity of the internal audit process, agency management shall take reasonable steps necessary to support the internal audit function in complying with the selected professional auditing standards. This may include obtaining audit related certifications, continuing professional education training and membership to professional auditing associations.

(3) The agency's internal audit charter shall formally define the internal audit function's purpose, authority, responsibility, and the professional auditing standards the function will follow. The internal audit charter must be approved and periodically reviewed by the audit committee and agency senior management.

(4) Internal audit staff shall have unrestricted access to all systems, processes, operations, functions, data, personnel, and activities within an agency as needed to perform job responsibilities.

(5) Each agency having an internal audit function shall establish and maintain an audit committee. The primary purpose of the audit committee is to enhance the quality and independence of the internal audit function, thereby helping ensure the integrity of the internal audit process. This is achieved at minimum by:

(a) Having a formal, written charter that establishes the audit committee’s mandate, authority, and functional reporting relationship including the roles and responsibilities of the audit committee and its members. The charter must be approved and periodically reviewed by the audit committee and agency head.

(b) Include at least one qualified external member that is independent of agency management on the audit committee to enhance public accountability and transparency and increase independence of the internal audit activity.

(c) If the agency has a governing board or commission, the audit committee must include at least one board or commission member. This member can be used to meet the requirement listed in “(b)” above.

(d) The audit committee shall approve the risk-based internal audit plan. The audit committee shall also review internal audit reports on the progress of internal and external audit report findings and recommendations to determine whether proper corrective action has been completed or that senior management has assumed the risk of not taking the recommended corrective action.

History

Statutory/Other Authority: ORS 184.360
Statutes/Other Implemented: ORS 184.360(3)
DAS 3-2022, amend filed 04/27/2022, effective 05/01/2022
DAS 2-2014, f. 4-30-14, cert. ef. 5-1-14
DAS 1-2011, f. 6-23-11, cert. ef. 6-30-11

Or. Admin. R. 125-700-0140 Planning and Reporting Responsibilities

(1) Each agency’s Chief Audit Executive shall prepare an agency-wide risk assessment in accordance with audit standards.

(2) Each agency’s Chief Audit Executive shall prepare an audit plan of engagements based on the most recent risk assessment. The plan should reflect the priorities of the internal audit function and be consistent with the agency’s goals. Plan shall be reviewed and approved by the audit committee, along with any significant modifications to the plan. At least one risk-based audit shall be selected from the audit plan and performed annually.

(3) Each agency’s Chief Audit Executive shall identify an audit topic related to governance and risk management at least once every five years. Examples of audit topics include ethics, diversity/equity/inclusion, strategic management, performance management, the alignment of information technology with the agency’s strategies and objectives, systems in place to assure compliance with laws and regulations, and processes in place to prevent and detect fraud.

(4) Each agency's Chief Audit Executive shall provide information on the activities performed by the internal audit function covering the time period of July 1 through June 30 of the preceding year; to the Oregon Department of Administrative Services.

(a) The required information shall be submitted to the Oregon Department of Administrative Services no later than September 30th of each year and be included in the Statewide Annual Report on Internal Audit Activities.

(b) The information may include, but not be limited to:

(A) Staff Information such as education, certification, training, etc.

(B) Quality Assurance Reviews

(D) Audit and/or Consulting Engagements performed

(E) Chief Audit Executive Reporting Structure

(F) Risk Assessments and Audit Plans

(G) Internal Audit Function Performance Measures

(c) Information not included in an agency’s report must be available for review upon request of the Oregon Department of Administrative Services.

(d) Agency’s shall provide DAS with supporting documentation related to submitted information upon request.

(5) The agency’s Chief Audit Executive must periodically assess whether the purpose, authority, and responsibility, as defined in the audit charter, and resources required to accomplish the work continue to be adequate to enable the internal audit staff to accomplish their objectives. The result of this periodic assessment must be communicated to the audit committee and, if applicable, senior management.

(6) Completed risk assessments and internal audits need to be filed with the Audits Division of the Office of the Secretary of State.

History

Statutory/Other Authority: ORS 184.360
Statutes/Other Implemented: ORS 184.360(3)
DAS 3-2022, amend filed 04/27/2022, effective 05/01/2022
DAS 2-2014, f. 4-30-14, cert. ef. 5-1-14
DAS 1-2011, f. 6-23-11, cert. ef. 6-30-11

Or. Admin. R. 125-700-0145 External Review

(1) Agency internal audit functions must have an external assessment to determine whether the function is operating in accordance with professional auditing standards. The frequency of external assessments are pre-defined by professional auditing standards.

(2) A copy of the external assessment report will be provided to the audit committee and to the Internal Audit Section of the Oregon Department of Administrative Services.

(3) Agency internal audit functions may have the assessment performed by either of the following means:

(a) an interagency program administered by the Department of Administrative Services Statewide Coordinator Internal Audit Function;

(b) an independent contracted provider or;

History

Statutory/Other Authority: ORS 184.360
Statutes/Other Implemented: ORS 184.360(3)
DAS 3-2022, amend filed 04/27/2022, effective 05/01/2022
DAS 2-2014, f. 4-30-14, cert. ef. 5-1-14
DAS 1-2011, f. 6-23-11, cert. ef. 6-30-11

Or. Admin. R. 125-700-0150 Internal Audit Independence

(1) In order to maximize both independence and objectivity of the audit function and allow the internal audit function to fulfill its responsibilities, the agency Chief Audit Executive must report functionally to the agency audit committee, and administratively t the agency Director, Deputy Director, or equivalent.

(2) The Chief Audit Executive must have unrestricted access to decision-makers and decision-making bodies and to the information and employees needed to perform internal audit duties and responsibilities. The Chief Audit Executive may not defer ultimate judgement on audit matters to others and must be free to obtain advice and information from sources inside and outside the agency. To be effective in their role, the Chief Audit Executive should be a non-voting member of the agency’s senior management team and attend Executive/Leadership team meetings.

(3) The internal audit function must be free from interference in determining the scope of internal auditing, performing work and communicating results. The Chief Audit Executive must disclose such interference to the audit committee and discuss the implications.

(4) The internal audit function must be free of any operational and management responsibilities that would impair its ability to make independent reviews of all aspects of the agency's operations.

(5) Where the Chief audit executive has or is expected to have roles and/or responsibilities that fall outside of internal auditing, safeguards must be in place to limit impairments to independence or objectivity.

(6) A scope limitation, including resource limitations , placed upon an internal audit function that precludes it from meeting objectives must be communicated in writing to the audit committee and, if applicable, agency management, along with its potential effect.

History

Statutory/Other Authority: ORS 184.360
Statutes/Other Implemented: ORS 184.360(3)
DAS 3-2022, amend filed 04/27/2022, effective 05/01/2022
DAS 2-2014, f. 4-30-14, cert. ef. 5-1-14
DAS 1-2011, f. 6-23-11, cert. ef. 6-30-11

Or. Admin. R. 125-700-0155 Audit Records and Retention

(1) The agency's internal audit function, must maintain audit work papers and reports in accordance with records retention requirements. The internal audit function should ensure that its records retention schedule will allow it to keep the documents until an external peer review has been performed, and audit findings and recommendations have been appropriately followed-up on. Refer to State Archive requirements and OAR 166-300-0025 for record retention schedules. Records must be kept so they can be retrieved, if necessary.

(2) The agency's Chief Audit Executive must follow appropriate data classification procedures to monitor and control confidential and sensitive internal audit documents. Confidential documents are those designated as confidential by agency policy or covered by ORS 192.496 through 192.505.

History

Statutory/Other Authority: ORS 184.360
Statutes/Other Implemented: ORS 184.360(3)
DAS 2-2014, f. 4-30-14, cert. ef. 5-1-14
DAS 1-2011, f. 6-23-11, cert. ef. 6-30-11