Oregon Administrative Code

137-049-0440 Rejection of Offers (1) Rejection of an Offer. (a) A Contracting Agency may reject any Offer upon finding that to accept the Offer may impair the integrity of the Procurement process or that rejecting the Offer is in the public interest. (b) The Contracting Agency sh…

137-049-0450 Protest of Contractor Selection, Contract Award (1) Purpose. An adversely affected or aggrieved Offeror must exhaust all avenues of administrative review and relief before seeking judicial review of the Contracting Agency's Contractor selection or Contract Award deci…

137-049-0460 Performance and Payment Security; Waiver (1) Public Improvement Contracts. Unless the required performance bond is waived under ORS 279C.380(1)(a), excused in cases of emergency under 279C.380(4), or unless the Contracting Agency's Contract Review Authority exempts a…

137-049-0470 Substitute Contractor If the Contractor provided a performance bond, the Contracting Agency may afford the Contractor's surety the opportunity to provide a substitute contractor to complete performance of the Contract. A substitute contractor shall perform all remain…

137-049-0490 Foreign Contractor If the Contract Price exceeds $10,000 and the Contractor is a Foreign Contractor, the Contractor shall promptly report to the Oregon Department of Revenue on forms provided by the Department of Revenue, the Contract Price, terms of payment, Contrac…

137-049-0600 Purpose OAR 137-049-0600 to 137-049-0690 are intended to provide guidance to Contracting Agencies regarding the use of Alternative Contracting Methods for Public Improvement Contracts, as may be directed by a Contracting Agency's Contract Review Authority under ORS 2…

137-049-0610 Definitions for Alternative Contracting Methods The following definitions shall apply to these OAR 137-049-0600 to 137-049-0690 rules, unless the context requires otherwise: (1) Affiliate has the meaning set forth in ORS 279C.332(1). (2) Alternative Contracting Metho…

137-049-0620 Use of Alternative Contracting Methods (1) Competitive Bidding Exemptions. ORS Chapter 279C requires a competitive bidding process for Public Improvement Contracts, unless a statutory exception applies, a class of Contracts has been exempted from the competitive bidd…

137-049-0630 Findings, Notice and Hearing (1) Cost Savings and Other Substantial Benefits Factors. When Findings are required under ORS 279C.335 to exempt a Contract or class of Contracts from the competitive bidding requirements, the "substantial cost savings and other substanti…

137-049-0640 Competitive Proposals; Procedure Contracting Agencies may utilize the following RFP process for Public Improvement Contracts, allowing flexibility in both Proposal evaluation and Contract negotiation, only in accordance with ORS 279C.330 to 279C.337, 279C.400 to 279C…

137-049-0645 Requests for Qualifications As provided by ORS 279C.405(1), Contracting Agencies may utilize a Request for Qualifications (“RFQ”) to obtain information useful in the preparation or distribution of a Request for Proposals (“RFP”). When using an RFQ as the first step i…

137-049-0650 Requests for Proposals (1) Generally. The use of competitive Proposals must be specially authorized for a Public Improvement Contract under the competitive bidding exception and exemption requirements of ORS 279C.335, OAR 137-049-0130 and 137-049-0600 to 137-049-0690…

137-049-0660 RFP Pricing Mechanisms (1) An RFP may result in a Contract with a lump-sum Contract Price or a fixed Contract Price, as in the case of competitive bidding. Alternatively, an RFP may result in a cost reimbursement Contract with a GMP or some other maximum price specif…

137-049-0670 Design-Build Contracts (1) General. The Design-Build form of contracting, as defined at OAR 137-049-0610(3), has technical complexities that are not readily apparent. Contracting Agencies shall use this contracting method only with the assistance of knowledgeable sta…

137-049-0680 Energy Savings Performance Contracts (ESPC) (1) Generally. These OAR 137-049-0600 to 137-049-0690 rules include a limited, efficient method for Contracting Agencies to enter into EPCs for public improvements outside the competitive bidding requirements of ORS 279C.33…

137-049-0690 Construction Manager/General Contractor Services (“CM/GC Services”) (1) General. The CM/GC Method is a technically complex project delivery system. Contracting Agencies shall use this contracting method only with the assistance of legal counsel with substantial exper…

137-049-0800 Required Contract Clauses Except as provided by OAR 137-0490-0150 and 137-049-0160, Contracting Agencies shall include in all Solicitation Documents for Public Improvement Contracts all of the ORS Chapter 279C required Contract clauses, as set forth in the checklist …

137-049-0810 Waiver of Delay Damages Against Public Policy Contracting Agencies shall not place any provision in a Public Improvement Contract purporting to waive, release, or extinguish the rights of a Contractor to damages resulting from a Contracting Agency's unreasonable dela…

137-049-0815 BOLI Public Works Bond Pursuant to ORS 279C.830(2), the specifications for every Public Works Contract shall contain a provision stating that the Contractor and every subcontractor must have a Public Works bond filed with the Construction Contractors Board before sta…

137-049-0820 Retainage (1) Withholding of Retainage. A Contracting Agency may withhold amounts from a Contractor’s progress payments on Public Improvement Contracts as retainage in an amount not to exceed five percent of the payment. Generally, the purpose of retainage is to ince…

137-049-0830 Contractor Progress Payments (1) Request for progress payments. Each month the Contractor shall submit to the Contracting Agency its Written request for a progress payment based upon an estimated percentage of Contract completion. At the Contracting Agency's discreti…

137-049-0840 Interest (1) Prompt payment policy. A Contracting Agency shall pay promptly all payments due and owing to the Contractor on Contracts for Public Improvements. (2) Interest on progress payments. Late payment interest shall begin to accrue on payments due and owing on …

137-049-0850 Final Inspection (1) Notification of Completion; inspection. The Contractor shall notify the Contracting Agency in Writing when the Contractor considers the Contract Work completed. Within 15 Days of receiving Contractor's notice, the Contracting Agency will inspect …

137-049-0860 Public Works Contracts (1) Generally. ORS 279C.800 to 279C.870 regulates Public Works Contracts, as defined in 279C.800(6), and requirements for payment of prevailing wage rates. Also see administrative rules of the Bureau of Labor and Industries (BOLI) at OAR chapte…

137-049-0870 Specifications; Brand Name Products (1) Generally. The Contracting Agency's Solicitation Document shall not expressly or implicitly require any product by brand name or mark, nor shall it require the product of any particular manufacturer or seller, except pursuant t…

137-049-0880 Records Maintenance; Right to Audit Records (1) Records Maintenance; Access. Contractors and subcontractors shall maintain all fiscal records relating to Contracts in accordance with generally accepted accounting principles ("GAAP"). In addition, Contractors and subc…

137-049-0890 Contracting Agency Payment for Unpaid Labor or Supplies (1) Contract incomplete. If the Contract is still in force, the Contracting Agency may, in accordance with ORS 279C.515(1), pay a valid claim to the Person furnishing the labor or services, and charge the amount…

137-049-0900 Contract Suspension; Termination Procedures (1) Suspension of Work. In the event a Contracting Agency suspends performance of Work for any reason considered by the Contracting Agency to be in the public interest other than a labor dispute, the Contractor shall be ent…

137-049-0910 Changes to the Work and Contract Amendments (1) Definitions for Rule. As used in this rule: (a) “Amendment” means a Written modification to the terms and conditions of a Public Improvement Contract, other than by Changes to the Work, within the general scope of the o…

137-050-0700 General Provisions (1) ORS 25.270 through 25.280 require that child support be calculated according to a formula. The formula is known as the "Oregon Child Support Guidelines" ("guidelines" or "guideline") and is contained in OAR 137-050-0700 through 137-050-0765 and…

137-050-0710 Calculating Child Support (1) To calculate the guideline support amount: (a) Determine each parent’s income as provided in OAR 137-050-0715. (b) Determine each parent’s adjusted income and percentage share of adjusted income as provided in OAR 137-050-0720. (c) Deter…

137-050-0715 Income (1) “Income” means the actual or potential gross income of a parent as determined in this rule. Actual and potential income may be combined when a parent has actual income and is unemployed or employed at less than the parent’s potential. (2) “Actual income” m…

137-050-0720 Adjusted Income (1) To determine “adjusted income,” begin with income, as determined in OAR 137-050-0715, and then: (a) Deduct mandatory contributions to a union or other labor organization; (b) Deduct the parent's cost for the parent's own health insurance; (c) Dedu…

137-050-0725 Basic Support Obligation (1) The scale of basic child support obligations, found in the appendix to these rules, must be used in every support calculation made under ORS 25.270 to 25.280. The scale is based on national data on childrearing expenditures relative to fa…

137-050-0730 Parenting Time Credit (1) For the purposes of this rule: (a) “Primary physical custody” means the parent provides the primary residence for the child and is responsible for the majority of the day-to-day decisions concerning the child. (b) “Split custody” means that …

137-050-0735 Child Care Costs (1) Adjust the support obligation for child care costs paid by either parent or the child’s caretaker if the child for whom support is being calculated is disabled or under the age of 13. (2) Child care costs must be related to the parent's or careta…

137-050-0740 Social Security and Veterans Benefits; Dollar-for-Dollar Reduction in Support Obligation (1) For the purposes of this rule: (a) "Apportioned Veterans benefits" means the amount the U.S. Department of Veterans Affairs deducts from an obligated parent’s Veterans benefi…

137-050-0745 Self-Support Reserve (1) The support calculation must leave an obligated parent enough income to meet their own basic needs. (2) To determine the amount of the parent's income available for support (“available income”), subtract the self-support reserve of $1,522 fro…

137-050-0750 Medical Support (1) The basic support obligation (OAR 137-050-0725) includes ordinary unreimbursed medical costs of $250 per child per year. These costs represent everyday expenses such as bandages, non-prescription medication, and co-pays for doctor’s well visits. T…

137-050-0755 Minimum Order (1) Except as provided in OAR 137-050-0740, 137-050-0760, 137-050-0765 and this rule, it is rebuttably presumed that an obligated parent is able to pay at least $100 per month as child support. If an obligated parent’s total support is less than $100, i…

137-050-0760 Rebuttals (1) The presumption that the guideline support amount as provided in OAR 137-050-0700 through 137-050-0755 is the correct support amount may be rebutted by a finding that sets out the presumed amount, concludes that it is unjust or inappropriate, and sets f…

137-050-0765 Agreed Support Amount (1) It is in the best interest of children to have support orders reached by agreement of the parents. Entering orders with the parents’ consent promotes positive parental involvement and prompt, consistent payment of the support obligation. Par…

137-055-1020 Oregon Child Support Program Definitions Except as otherwise provided, the following definitions apply to OAR 137-055-1040 through 137-055-7190: (1) "Administrator" means either the administrator of the Division of Child Support of the Department of Justice or a dist…

137-055-1040 "Party Status" in Court and Administrative Proceedings (1) In any proceeding to establish, modify or enforce a parentage or support obligation initiated by the administrator (as defined in OAR 137-055-1020), the administrator represents only the interests of the stat…

137-055-1060 Uniform Application for Child Support Services (1) The administrator will provide a standard application form to any person requesting child support services. Except for the application form, the notice required under section (3) of this rule, and any statements nece…

137-055-1070 Provision of Services (1) For the purposes of this rule, the following definitions apply: (a) A “IV-D case” means a case in which services are being provided pursuant to ORS 25.080. (b) A “non–IV-D case” means a case that does not meet the criteria for a IV-D case, b…

137-055-1080 Fees (1) As used in this rule, “reporting year” means October 1 of one year through September 30 of the following year. (2) As required by 45 CFR 302.33, the Oregon Child Support Program will assess: (a) A $1 application fee on behalf of each applicant whose family i…

137-055-1090 Good Cause (1) For the purposes of OAR chapter 137, division 055, good cause means the Oregon Child Support Program is exempt from providing services as defined in ORS 25.080. Specifically excluded from this definition are good cause for not withholding as defined in…

137-055-1100 Continuation of Services (1) When a family's assistance grant is closed, services under ORS 25.080 will automatically be continued. The Division of Child Support (DCS) will notify the support obligee and any child attending school under 107.108 and OAR 137-055-5110, …

137-055-1120 Case Closure (1) The administrator may elect to close a case if the case meets at least one of the following criteria and supporting documentation for the case closure decision is maintained in the case record: (a) There is no longer a current support order and arrea…