Oregon Administrative Code

629-025-0060 Campground and Day Use Areas (1) Maps showing the Campground and Day Use Areas designated by the Forester must be kept on file at the Forester's office and the applicable District office, and available for public inspection during normal business hours. (2) The Gener…

629-025-0070 Use of Roads and Trails (1) A Person may not operate a Motor Vehicle off-road: (a) Except on a trail designated for that purpose; (b) Without an approved spark arrestor, as specified in OAR 629-043-0015; (c) Without an adequate noise muffler as defined in ORS 821.220…

629-025-0080 Removing Unattended Personal Property (1) The Forester may remove Unattended Personal Property from State Forest Lands. Items that, at the sole discretion of Department personnel, have no apparent utility or are in an unsanitary condition are considered garbage and m…

629-025-0090 Enforcement, Evictions, and Exclusions (1) A Person must observe and abide by all instructions, warnings, restrictions and prohibitions on posted signs and notices, or from Department personnel. (2) The Forester may take actions to protect the safety or health of the…

629-025-0092 Closures and Access Restrictions (1) The State Forester may establish portions of State Forest land that are closed or limited to specific uses or activities by the public. These may differ from State Forest land to State Forest land and from time-to-time, but shall …

629-025-0098 Criminal Penalty for Large Commercial Event Offense An organizer commits a Class A misdemeanor if the organizer: (1) Accepts money or other items of value in an exchange described under ORS 526.287(2)(a) prior to the issuance of a large commercial event permit requir…

629-025-0099 Violations and Fines (1) Except for violations arising from activities under contract with the State Board of Forestry or the Department, and subject to ORS 153.022, violation of any rule or order adopted pursuant to ORS 530.050 is a Class A violation. (2) Multiple v…

629-028-0001 Definitions The following terms and definitions shall apply to this division, unless the context otherwise requires: (1) "Board" means the Oregon State Board of Forestry. (2) “Department” means Oregon Department of Forestry. (3) "Forester" means the State Forester or…

629-028-0002 Purpose of Special Forest Products ORS 164.813 requires the State Board of Forestry to define special forest products. Special forest products, other than timber forest products, may be harvested from private land if the landowner permits the harvester to do so. The …

629-028-0003 Special Forest Products Permission; Permit by Landowner; Forms (1) Written permission is required and provided by the landowner, or landowner representative, to a person harvesting special forest products. Written permission must follow the requirements of ORS 164.81…

629-028-0004 Process for Adding, Removing or Modifying Special Forest Products from the Definition of Special Forest Products (1) The department, a person, an organization or other agency may propose to add, remove or modify an item from the definition of special forest products.…

629-028-0010 Purpose of Woodcutting Permitting on State Forest Lands As set forth in ORS 530.050 the Forester in exercising legal authority for the management of State forest lands shall manage the land to secure the greatest permanent value to the State. The Forester, in the man…

629-028-0015 Permit Fee Associated with Woodcutting Permits on State Forest Lands The Forester intends to issue woodcutting permits, and when necessary, to charge a permit fee. Such fee does not constitute a price for sale of forest products, but may be made in an amount sufficie…

629-028-0020 Criteria for Fee Charge; State Forest Land Woodcutting Permits (1) In determining when to charge a permit fee, and the amount of such fee, the Forester shall consider the following: (a) The amount of demand for woodcutting permits in local areas or districts; (b) The…

629-028-0025 Requirements of Permittees of Woodcutting Permits on State Forest Lands Each permittee shall observe the following requirements: (1) Permittee shall have the permit in possession when cutting or removing firewood. (2) The firewood is for personal use and permittee sh…

629-029-0000 Definitions These rules apply only to sales of forest products with a value in excess of $25,000 or as otherwise allowed by ORS 530.059; 273.521; or 273.525. Statutory/Other Authority: ORS 526.016 Statutes/Other Implemented: ORS 630.050 History: FB 1-1997, f. 9-4-97,…

629-029-0005 Sale Contract Definitions (1) Areas of Operations: The locations where a PURCHASER performs the operations described in a contract. (2) Authorized Representative: The State Forester and the deputy, assistants and employees of the forester, acting under direction of t…

629-029-0010 Competition in Forest Products Sale Contracts All forest product sale contracts with an appraised value in excess of $25,000 shall be awarded by competitive bidding except as otherwise allowed or required in ORS 530.059, 273.521, or 273.525. Unless the STATE decides …

629-029-0015 Bids Are Offers (1) The bid is the bidder’s offer to enter into a contract which, if the bid is accepted for award by the STATE, binds the bidder to a contract and the terms and conditions contained in the Notice of Timber Sale and the Form of Proposal unless the bid…

629-029-0020 Bid Preparation Instructions Unless otherwise allowed by the STATE: (1) Bid Compliance: (a) Bids shall be typed or prepared in ink and shall be signed in ink by the bidder, or an authorized representative of the bidder. (b) Bids shall be made on the form(s) provided …

629-029-0025 Bidder Examination Bidders, before submitting a bid, shall make a careful examination of the contract documents and the site of the sale and any appended project work. Such examination shall be independent of any representations by the STATE concerning the quality an…

629-029-0030 Bidder Submissions (1) Identification of bids. (a) To ensure proper identification and special handling, bids shall be submitted in a sealed envelope appropriately marked or in the envelope provided by the STATE, whichever is applicable. (b) The STATE shall not be re…

629-029-0035 Time for Receipt of Bids (1) Time for the closing of bids: Bids shall be received in the designated place and manner until the time set for the close of the receipt of bids. No bid shall be received after the time appointed unless the time for the receipt of bids is …

629-029-0040 Bid Security (1) Bid security shall be supplied by bidder in an amount not to exceed 10 percent of the appraised value in order to guarantee bidder adequately qualifies as required by the Notice of Timber Sale. (2) Form of bid security. The following forms of bid sec…

629-029-0045 Pre-Bid Conferences (1) Purpose. The STATE may hold pre-bid conferences with prospective bidders, prior to the date and time set for solicitation closing, to explain contract requirements or to conduct site inspections. (2) Required attendance. As a condition for bid…

629-029-0050 Pre-Opening Modification or Withdrawal of Bids (1) Bid Modifications. Once submitted, bids may be modified in writing prior to the time and date set for the bid opening. Such modifications shall be in writing, shall clearly explain the error and item to be corrected,…

629-029-0055 Receipt, Opening, and Recording of Bids (1) Receipt. Each bid, and any bid changes, upon receipt, shall be stored in a secure place until the bid opening. If bids are opened inadvertently, or are opened prior to the time and date set for bid opening because they were…

629-029-0060 Cancellation of Invitations to Bid (1) Cancellation in the public interest. An invitation to bid may be cancelled in whole or in part when cancellation is in the public interest, as determined by the STATE. The reasons for taking this action may be made part of the b…

629-029-0065 Disposition of Bids if Solicitation Cancelled (1) Prior to bid opening. When an invitation for bids is cancelled prior to bid opening, all bids received may be returned to bidders unopened, if submitted in a hard copy format with a clearly visible return address. If …

629-029-0070 Late Bids, Late Withdrawals, and Late Modifications (1) Definition. Any bid received after the time and date set in the Notice of Timber Sale for receipt of bids is late. Any request for bid withdrawal or modification received after the time and date set for bid open…

629-029-0075 Mistakes in Bids (1) General. Clarification or withdrawal of a bid because of an inadvertent, nonjudgmental mistake in the bid requires careful consideration to protect the integrity of the competitive bidding system, and to assure fairness. Except as provided in thi…

629-029-0080 Bid Evaluation and Award — General The contract, if awarded, may be awarded to the highest, responsive and qualified bidder. Consistent with the provisions of the Notice of Timber Sale, and in the public interest as determined by the STATE, awards may be made by item…

629-029-0085 Bidder Disqualification (1) Definitions. As used in this rule: (a) “Disqualification” means the debarment, exclusion, or suspension of a person from right to submit bids in response to the STATE’s Notices of Timber Sales for a reasonable, specified period of time nam…

629-029-0090 High Tie Bids (1) Definition. High tie bids are high responsive bids from responsible bidders that are identical in price. (2) Award. Award shall be made by drawing lots among tied bidders. Method of Drawing Lots: As directed by the STATE. Statutory/Other Authority: …

629-029-0095 Rejection of Individual Bids (1) General. The STATE reserves the right to waive minor technicalities and the right to reject any and all bids. The STATE may reject in whole or in part, any bid not in compliance with all prescribed bidding procedures and requirements,…

629-029-0100 Rejection of All Bids (1) Bid rejection. All bids may be rejected for good cause upon a finding by the STATE it is in the public interest to do so. Notification of rejection of all bids, along with the good cause justification and finding of public interest, may be s…

629-029-0105 Contract Award Contract Award. At the discretion of the STATE, the apparent high bidder will be notified of the contract award. Statutory/Other Authority: ORS 526.041 Statutes/Other Implemented: ORS 530.050 History: FB 1-1997, f. 9-4-97, cert. ef. 1-1-98

629-029-0110 Protest of Contract Award (1) Purpose. The purpose of this rule is to require adversely affected or aggrieved bidders on a STATE solicitation for bids to exhaust all avenues of administrative review and relief before seeking judicial review of the STATE’s contract aw…

629-029-0115 Availability of Award Decision (1) Contract documents. A signed contract document may be sent to the successful bidder. (2) Notification to unsuccessful bidders. Unsuccessful bidders generally will not be notified that a contract has been awarded. Statutory/Other Aut…

629-029-0120 Performance Bond (1) Performance bond security, at the minimum shall be 20 percent of the bid, or an amount equal to the value of the project work (rounded up to the nearest thousand), whichever is greater. This requirement will be stated in the Notice documents. (2)…

629-029-0125 Payment Bond (1) State may require payment bond security. This may be in the form of a Timber Payment Bond or a Blanket Payment Bond. Payment bond security shall be in the form of: (a) Cash; (b) Cashier’s check; (c) Money order; (d) Surety bond; (e) Assignment of sur…

629-029-0130 Contract Cancellation Procedures (1) Grounds for cancellation. The STATE may, at its option, cancel a contract, for any material violation of the provisions of the contract. Such provisions generally include, but are not limited to: (a) Standard terms and conditions …

629-029-0135 Contract Requirements (1) Conditions of contracts concerning payment of laborers and materialmen, contributions to Industrial Accident Fund, liens, and withholding taxes. Contracts entered into by the STATE may contain a condition that the PURCHASER shall: (a) Make p…

629-029-0140 Qualification Process PURCHASERS must “qualify” under the terms of the contract within 30 days of contract award. To “qualify” a PURCHASER must submit the first payment, proof of insurance and an adequate performance bond, as stated in the Notice and in the contract …

629-031-0005 Definitions (1) “Export” means that unprocessed timber is loaded on a vessel or other conveyance with a foreign destination or is present at a facility such as a port or dock with intent to load it on a vessel or other conveyance with a foreign destination. (2) “Perf…

629-031-0010 Criteria for Eligibility to Purchase State Timber or Logs (1) In addition to all other requirements of law, a person may bid for state timber or logs originating from state lands if the person certifies in a form and manner specified by the State Forester that: (a) T…

629-031-0015 Prohibition Against Indirect Substitution In addition to all other requirements of law, no person who is prohibited from purchasing timber directly from the State Forester may purchase state timber from any other person. Acquisitions of Western Red Cedar which are do…

629-031-0020 Applicable State Timber All unprocessed timber, as defined in OAR 629-031-0005, which originates from state lands is prohibited from export. Statutory/Other Authority: ORS 530 Statutes/Other Implemented: ORS 526.806, 530.040 & 530.050 History: FB 10-1990, f. 12-18-90…

629-031-0025 Surplus Timber The prohibitions against export contained in OAR 629-031-0005 to 629-031-0045 shall not apply to specific quantities of grades and species of unprocessed timber originating from state land which the United States Secretary of Agriculture or Interior ha…

629-031-0030 Reporting Requirements (1) Before the State Forester will issue final acceptance of timber sale contract requirements, a purchaser of state timber or logs must: (a) Notify the State Forester of the delivery destination of all timber or logs purchased under that contr…