Oregon Administrative Code

177-010-0003 Definitions (1) “Business day” means the period beginning at 5 a.m. of a calendar day and ending at 4:59 a.m. on the morning of the next calendar day. (2) “Business week” means the period beginning at 5 a.m. on a Sunday and ending at 4:59 a.m. the following Sunday mo…

177-010-0007 Notice of Proposed Rules Prior to the adoption, amendment, or repeal of any rule, other than a temporary rule which is adopted in accordance with ORS 183.335(5), the Lottery Director shall give notice of the intended action: (1) SOS Bulletin: In the Secretary of Stat…

177-010-0009 Model Rules of Procedure Pursuant to the Oregon Administrative Procedures Act, the Oregon State Lottery adopts the following divisions of Attorney General Model Rules of Procedure in OAR chapter 137: (1) Division 1 Model Rules for Rulemaking in effect on June 30, 200…

177-010-0025 Director of the Oregon State Lottery (1) General: The Director shall implement and execute the rules and policies adopted by the Commission, and may adopt such internal operating policies and procedures as the Director may deem appropriate, to promote and insure the …

177-010-0045 Contingency Reserve The money allotted to the Lottery’s contingency reserve fund may include amounts retained to fund specific future expenses or may be for undesignated purposes. The Lottery shall not include contingency reserve expenditures in its calculation of th…

177-010-0050 Merchandise Prizes In the exercise of the Director’s discretion, the Director may pay the cash value of any merchandise prize in lieu of that prize. The cash value of a merchandise prize is the amount that the Lottery paid for the merchandise. Statutory/Other Authori…

177-010-0080 Sale of Tickets and Shares (1) Sales by Retailers: The Director shall contract with retailers for the sale of Lottery tickets and shares. The contract shall include the terms and conditions and incorporate by reference the rules applicable to the sale of all Lottery …

177-010-0085 Unclaimed Prize Money (1) A prize not validly claimed within the period specified for claiming a prize in any lottery game shall remain the property of the Commission and shall be allocated to the benefit of the public purpose. The Lottery shall transfer unclaimed pr…

177-010-0090 Child Support Validation Check The Lottery will use the following procedures as part of the validation process before paying any portion of a Lottery prize in excess of $600: (1) Database: Lottery information systems personnel shall work with the Division of Child Su…

177-010-0094 Overpayments Recovery Validation Check The Lottery will use the following procedures as part of the validation process before paying any portion of a Lottery prize in excess of $600. These procedures are in addition to any other procedures set forth in OAR Chapter 17…

177-010-0100 Requests and Fees for Copies of Public Records (1) Procedure: Any person may request to inspect or obtain a copy of a “public record” (as defined in ORS 192.410(4)) which is in the custody of the Lottery. (2) Reasonable Access: The Lottery will allow reasonable acces…

177-010-0105 Restriction of Access (1) To ensure the safety and security of Lottery premises, employees, operations, and visitors to Lottery facilities and property, the Oregon State Lottery may issue a restriction on access to an individual who has committed prohibited conduct a…

177-010-0110 Lottery Trade or Service Marks (1) Public Display, Use, or Publication of Trademarks and Service Marks: The Lottery’s trademarks and service marks include, but are not limited to, the Lottery’s name and logo; game names, logos, and taglines; and licensed game names a…

177-010-0120 Display and Demonstration of a Trade Show Device at a Trade Show (1) Definition: For the purposes of this rule, “Trade show device” means a gaming device that would otherwise be a gray machine as described in ORS 167.117(9) or a slot machine as described in 167.117(2…

177-037-0000 Definitions The definitions in OAR 177-038-0000 apply to the terms used in this division. In addition, the following definitions apply: (1) “Control Person” means a person described in ORS 461.410. (2) “General Procurement” means a procurement for those Goods or Serv…

177-037-0010 General Policy (1) General: It is the policy of the Lottery to conduct security background investigations on Lottery Vendors and Lottery Contractors to ensure the competence, integrity, background, good character, and the nature of the true business ownership and con…

177-037-0020 Classification of Lottery Procurements (1) General: A procurement or Contract is classified according to the degree to which a Contractor may have access to secure and sensitive Lottery information, including materials or systems, which in the opinion of the Director…

177-037-0030 Major Procurements (1) General: In all solicitations for a Major Procurement, Lottery shall clearly identify the solicitation as a Major Procurement. (2) Disclosure: All procurements classified as a Major Procurement require an extensive security background investiga…

177-037-0040 Sensitive Procurements (1) General: In all solicitations for a Sensitive Procurement, Lottery shall clearly identify the solicitation as a Sensitive Procurement (2) Disclosure: All procurements classified as a Sensitive Procurement require a security background inves…

177-037-0050 General Procurements (1) General: In all solicitations for a General Procurement, Lottery shall clearly identify the solicitation as a General Procurement. (2) Disclosure: A procurement classified as a General Procurement does not require a security background invest…

177-037-0060 Vendor Application and Contract Disclosure Requirements (1) General: The Director may require any degree or type of disclosure deemed necessary to assure the security and integrity of the Lottery and Lottery games. (2) Forms and Procedures: The Director shall approve…

177-037-0070 Criteria for Denying a Vendor or Control Person Application or Contract (1) General: Before a Contract for a Major or Sensitive Procurement is Awarded, a security background investigation must be conducted by the Assistant Director for Security for any Vendor who is …

177-038-0000 Definitions The following definitions apply only to the Oregon Administrative Rules contained in OAR Chapter 177, Division 038: (1) “Addendum” (singular) or “Addenda” (plural) means the written document(s) that Lottery issues to modify or clarify a Solicitation Docum…

177-038-0010 Application and General Policy (1) Purpose: The purpose of these Chapter 177, Division 038 rules is to provide a framework for the Lottery’s procurement processes. These Division 038 rules apply to the Lottery’s procurement of Goods and Services in accordance with OR…

177-038-0020 Procurement Activity (1) Contracting Authority of Director: By adopting these rules the Commission authorizes the Director to conduct procurements as described in these rules, subject to any limitations set forth in these rules. (2) Delegation by Director: Pursuant t…

177-038-0030 Affirmative Action The Lottery may limit competition on Contracts with an estimated cost of $50,000 or less to carry out affirmative action policies, in accordance with policies and procedures established by the Lottery. Statutory/Other Authority: ORS Chapter 461 & O…

177-038-0040 Environmentally Preferable Procurement General Policy In developing work statements, Specifications, or other product descriptions, the Lottery shall consider the purchase of environmentally preferable products or services that comply with the Lottery's corporate soc…

177-038-0050 Offeror Disclosure Requirements The Lottery shall classify each Contract as a Major Procurement, a Sensitive Procurement, or a General Procurement. Each Person entering into a Contract with Lottery must comply with the disclosure requirements applicable to the Lotter…

177-038-0060 Cooperative Procurement The Lottery may participate in, sponsor, conduct, or administer Cooperative Procurements. Statutory/Other Authority: ORS Chapter 461 & Oregon Constitution, Article XV, §4(4) Statutes/Other Implemented: ORS 461.400, ORS 461.410, ORS 461.420, OR…

177-038-0070 Source Selection Methods (1) "Buy Decision" means the decision to buy Goods or Services through socio-economic programs, agreements, or the open market. (2) The Lottery may make its Buy Decision in the priority order set forth in sections (a) through (c) below. If a …

177-038-0080 Brand Name or Equal Specification (1) Applicability and Use. Lottery may establish “brand name or equal” Specifications in a solicitation or Solicitation Document in accordance with this Rule. (a) A brand name or equal Specification may be used when the use of a bran…

177-038-0090 Alternative Procurements (1) The Lottery may Award a Contract as an Alternative Procurement pursuant to the requirements of this section. Such procurements allow the Lottery to enter into a series of Contracts over time pursuant to the authorization provided in regar…

177-038-0100 Public Notice of Solicitation Documents Notice: The Lottery will provide notice of Solicitation Documents and other notices required or authorized by these Division 38 rules by one or more of the following methods: (1) By publishing notice on the on-line system maint…

177-038-0110 Modification or Cancellation of Solicitation Process (1) Modification: The Lottery may modify or cancel a Solicitation Document as follows: (a) Modification Issuance: Any changes to the Solicitation Document will be by written Addenda. (b) Addenda Issuance: The Lotte…

177-038-0120 Requests for Changes to or Clarification of a Solicitation Document (1) Requests: If provided in the Solicitation Document, the Lottery will accept and consider requests to change, or clarify a Solicitation Document. Each request for change or clarification must incl…

177-038-0130 Late Submission of Bids or Proposals, Modifications, and Withdrawal (1) Late Submission: (a) Any Offer in response to a Solicitation Document received after Closing is late. An Offeror’s request for withdrawal or modification of an Offer in response to a Solicitation…

177-038-0140 Submission, Receipt, Opening, and Recording of Offers; Confidentiality of Offers (1) Offer Submission: Offeror must submit Offers in response to a procurement in the format specified by the Solicitation Document. All Bids and Proposals are firm Offers and are irrevoc…

177-038-0150 Offer Evaluation; Clarification of Offers; Award (1) Evaluation: The Lottery will evaluate Offers using the process and criteria specified in the Solicitation Document. (2) Clarification of Offers: The Lottery may contact Offerors after Closing for clarification of O…

177-038-0160 Bid and Proposal Rejection Bid and Proposal Rejection: The Lottery may at any time reject all Offers provided in response to a Solicitation Document if the Lottery determines that it is in the Lottery’s best interest to do so and may reject individual Offers upon the…

177-038-0170 Minor Informalities (1) General: The Lottery may accept Offers that contain, or allow an Offeror to correct an Offer that contains, Minor Informalities. (2) Examples: Minor Informalities include errors in form rather than substance and errors in an Offer that can be …

177-038-0180 Responsible Offerors; Rejection for Offeror Non-Responsibility (1) General: Only Responsible Offerors are eligible for Award. If the Lottery determines that an Offeror is not Responsible, the Lottery will reject the Offeror’s Offer and will provide a written summary …

177-038-0190 Cancellation of a Solicitation Document, Offer, or Award Lottery may cancel a procurement, or may reject all Offers when the cancellation or rejection is in the best interest of the Lottery as determined by the Lottery. The reasons for the cancellation or rejection m…

177-038-0200 Identical Bids; Preference for Oregon Goods and Services (1) Award When Bids are Identical: If the Lottery receives Bids that the Lottery determines are identical in Price (“Identical Bids”), and chooses to issue an Award, the Lottery will issue the Award based on th…

177-038-0210 Award Notice If the Lottery chooses to issue an Award following issuance of a Solicitation Document and its review and evaluation of Proposals received in response to a Large Procurement, the Lottery will provide a written notice to all Offerors who submitted an Offe…

177-038-0220 Protest of Large Contract Awards and Alternative Procurements; Appeals; Judicial Review (1) Protest of Large Contract Awards: (a) Award Protest Opportunity: Any Offeror who submitted an Offer in response to a Large Procurement may protest the Award by submitting a pr…

177-038-0230 Negotiations Following Closing, the Lottery may negotiate any Contract terms or conditions with any Offeror if the Lottery determines that negotiation is in the Lottery’s best interests. Statutory/Other Authority: ORS Chapter 461 & Oregon Constitution, Article XV, §4…

177-038-0240 Contract Amendments (1) Generally: The Lottery may amend a Contract if the Lottery determines that it is in the Lottery’s best interests to do so, subject to the following: (a) Scope: The amended Contract is within the scope and attributes of the Goods and Services d…

177-038-0250 Performance Security For each Major Procurement Contractor shall deliver performance security to the Lottery of the type, in the amount and by the date specified in the Contract, pursuant to ORS 461.430. Performance security must be issued or held by a surety, financ…

177-038-0260 Suspension of Persons (1) Suspension. The Lottery may suspend a Person from an Award of Lottery Contracts for up to three years if: (a) Contract Performance: The Person has performed unsatisfactorily under a Contract or has committed a material breach of a Contract. …

177-040-0000 Definitions For purposes of OAR Chapter 177 Division 40, the following definitions apply except as otherwise specifically provided in OAR Chapter 177 or unless the context requires otherwise: (1) “Age-controlled area” means an area where a natural person who is under…