Oregon Administrative Code

291-158-0045 Authorized Receipts (1) The department will accept and process authorized money items received by Central Trust only in the form prescribed by and in accordance with the provisions of these rules. (a) Authorized money items include: (A) Cashier’s check; (B) Money ord…

291-158-0051 Unauthorized Receipts (1) Money items in the form of cash or personal checks shall not be credited to an adult in custody’s trust account. (a) Cash received in the mail by Central Trust shall be confiscated and deposited in the AIC Welfare Fund. If enough information…

291-158-0055 Authorized Expenditures (1) An adult in custody may request and authorize Central Trust or their designee to withdraw funds from the adult in custody’s trust account for authorized expenditures. Transactions will be recorded on the adult in custody’s monthly trust ac…

291-158-0065 Indebted Funds (1) Collection of DOC Debt; (a) An adult in custody who has DOC debt may be permitted to spend one half of the first $80.00 (up to $40.00) of funds deposited into the adult in custody’s general spending trust account for authorized expenditures during …

291-158-0071 Restitution (1) An adult in custody may be required to pay restitution to the department as a result of the adult in custody’s misconduct in accordance with the department’s rule on Prohibited Conduct and Processing Disciplinary Actions (OAR 291-105). (2) An adult in…

291-158-0081 Administrative Review (1) If an adult in custody is unable to resolve an issue regarding their account as stated in OAR 291-158-0015(6)(b), they may obtain an administrative review by writing to Central Trust on an AIC Communication form (CD214). The request must sta…

291-159-0010 Application (1) Procurements conducted under ORS 179.040 and 279A.050(6)(i): (a) OAR 291-159 rules apply to procurements of goods and services for Oregon Department of Corrections (DOC) institutions conducted under ORS 179.040 and 279A.050(6)(i) except as set forth i…

291-159-0020 Definitions (1) Food Services Operations and Programs: All material, equipment, food products, personal property, used equipment, and Services required for the handling, preparation, delivery, serving, consumption, and storage of food products for DOC’s adult in cust…

291-159-0030 Delegation of Authority The DOC Designated Procurement Officer may delegate in Writing, on a case-by-case basis, any Procurement for which DOC has independent statutory Contracting authority to the Oregon Department of Administrative Services (DAS). If DAS accepts a …

291-159-0040 Disabled Veteran Preference (1) Generally. DOC may promote goals, policies, or programs for a Disabled Veteran-owned business by giving a preference to a Disabled Veteran-owned business when awarding a Contract. In carrying out this goal, policy, or program, DOC may:…

291-159-0050 Resident Bidder Preference (1) For Procurements under OAR 291-159-0010(1)(a), see OAR 137-046-0310. (2) For Procurements under OAR 291-159-0010(2)(b) and (2)(c), see OAR 125-246-0310. Statutory/Other Authority: ORS 179.040, 279A.050(6)(h) - (6)(i) & 279A.120 Statutes…

291-159-0060 Oregon Goods or Services Preference (1) For Procurements under OAR 291-159-0010(1)(a), see OAR 137-046-0300. (2) For Procurements under OAR 291-159-0010(2)(b) and (2)(c), see OAR 125-246-0300. Statutory/Other Authority: ORS 179.040, 279A.050(6)(h) - (6)(i) & 279A.128…

291-159-0070 Recycled Materials Preference (1) For Procurements under OAR 291-159-0010(1)(a), see OAR 137-046-0320. (2) For Procurements under OAR 291-159-0010(2)(b) and (2)(c), see OAR 125-246-0322. Statutory/Other Authority: ORS 179.040, 279A.050(6)(h) - (i) & 279A.125 Statutes…

291-159-0080 Federal Program Procurements (1) For Procurements under OAR 291-159-0010(2)(b) and (2)(c), see OAR 125-246-0360. (2) For Procurements under OAR 291-159-0010(1)(a), DOC may purchase supplies and Services through the General Service Administration (GSA) federal program…

291-159-0090 Independent Contractor Status for Services Contracts (1) DOC will Contract for Services with Persons who are Independent Contractors. (2) DOC will develop a statement of work for Services that will not result in an employee relationship with the potential contractor.…

291-159-0100 Fragmentation A Procurement may not be artificially divided or fragmented for the purpose of restricting competition or circumventing a legal requirement. Statutory/Other Authority: ORS 179.040, 279A.050(6)(h) - (6)(i), 279A.065 & 279A.070 Statutes/Other Implemented:…

291-159-0110 Electronic Procurement and Submittals (1) Electronic Procurement and Offers Authorized. (a) DOC may conduct all phases of a Procurement under these rules, including without limitation the posting of Electronic Advertisements and the receipt of Electronic Offers, by e…

291-159-0120 Amendments to Contracts (1) For Procurements under OAR 291-159-0010(2)(b) and (2)(c), see OAR Chapter 125, Divisions 246, 247, 248, and 249. (2) For Procurements under OAR 291-159-0010(1)(a), DOC may amend a Contract without additional competition in any of the follo…

291-159-0130 Protests (1) Protests of Solicitation Documents. (a) For Procurements under OAR 291-159-0010(1)(a), see OAR Chapter 137 Division 046. (b) For Procurements under OAR 291-159-0010(2)(b) and (2)(c), see OAR 125-247-0240, 125-248-0240, or 125-249-0450, as applicable. (2)…

291-160-0010 Applicability These administrative rules apply to the Oregon Department of Corrections (DOC) procurement of goods and services for the following programs conducted under ORS 421.438: (1) Prison work and on-the-job training programs; (2) Forest and work camps; (3) Far…

291-160-0020 Definitions (1) Addenda and Addendum: A subsequent DOC published or publicly noticed written addition or deletion to, a material change in, or general interest explanation of, a Solicitation Document. (2) Advantageous: In DOC’s best interests, as assessed according t…

291-160-0030 Competitive Sealed Bidding (1) Generally. DOC may procure goods or services by competitive sealed Bids. An Invitation to Bid is used to initiate a competitive sealed bidding solicitation. DOC shall provide public notice of the competitive sealed bidding solicitation …

291-160-0040 Competitive Sealed Proposals (1) Generally. DOC may procure goods or services by competitive sealed Proposals. DOC shall use a Request for Proposal to initiate a competitive sealed Proposal solicitation. DOC shall provide public notice of the Request for Proposal as …

291-160-0050 Electronic Procurement and Submittal Process (1) DOC may conduct all phases of a procurement under these rules, including without limitation the posting of Electronic Advertisements and the receipt of Electronic Offers, by electronic methods if and to the extent DOC …

291-160-0060 Public Notice of Solicitation Documents (1) Notice of Solicitation Documents. DOC shall provide public notice of every Solicitation Document in accordance with section (2) of this rule. DOC may give additional notice using any method it determines appropriate to fost…

291-160-0070 Bids or Proposals are Offers (1) Offer and Acceptance. The Bid or Proposal is the Offeror’s Offer to enter into a Contract. (a) In competitive bidding and competitive Proposals, the Offer is always a Firm Offer, i.e., the offer shall be held open by the offeror for D…

291-160-0080 Offer Preparation (1) Instructions. An Offeror shall submit and sign its Offer in accordance with the instructions set forth in the Solicitation Document. An Offeror shall submit any correction or erasure to its Offer prior to Opening in accordance with the requireme…

291-160-0090 Pre-Offer Conferences (1) Purpose. DOC may hold pre-Offer conferences with prospective Offerors prior to Closing, to explain the procurement requirements, obtain information, or to conduct site inspections. (2) Required Attendance. DOC may require attendance at the p…

291-160-0100 Offer Submission (1) Product Samples and Descriptive Literature. DOC may require Product Samples or Descriptive Literature if DOC determines either is necessary or desirable to evaluate the quality, features or characteristics of an Offer. DOC will dispose of Product…

291-160-0110 Addenda to Solicitation Document (1) Issuance; Receipt. DOC may change a Solicitation Document only by Written Addenda. An Offeror shall provide Written acknowledgment of receipt of all issued Addenda with its Offer, unless DOC otherwise specifies in the Addenda. (2)…

291-160-0120 Pre-Closing Modification or Withdrawal of Offers (1) Modifications. An Offeror may modify its Offer in Writing prior to the Closing. An Offeror shall prepare and submit any modification to its Offer to DOC in accordance with OAR 291-160-0080 and 291-160-0100 and in a…

291-160-0130 Late Offers, Late Withdrawals and Late Modifications Any Offer received after Closing is late. An Offeror's request for withdrawal or modification of an Offer received after Closing is late. DOC shall not consider late Offers, withdrawals or modifications except as p…

291-160-0140 Mistakes (1) Generally. To protect the integrity of the competitive procurement process and to ensure fair treatment of Offerors, DOC will carefully consider whether to permit waiver, correction or withdrawal of Offers for certain mistakes. (2) DOC’s Treatment of Mis…

291-160-0150 Receipt; Confidentiality of Offers DOC shall electronically or mechanically timestamp or hand-mark each Offer and any modification upon receipt. DOC shall not open the Offer or modification upon receipt but shall maintain it as confidential and secure until Opening. …

291-160-0160 Electronic Opening and Tiebreaker Processes For any procurement conducted under these rules, DOC may elect to not hold Openings or tiebreaker events in-person. DOC, in its sole discretion and in lieu of an in-person Opening or tiebreaker event, may provide electronic…

291-160-0170 Time for Agency Acceptance An Offeror's Offer is a Firm Offer, irrevocable, valid and binding on the Offeror for not less than 30 calendar days following Closing unless otherwise specified in the Solicitation Document. Statutory/Other Authority: ORS 179.040, 421.438,…

291-160-0180 Extension of Time for Acceptance of Offer DOC may request, orally or in Writing, that Offerors extend, in Writing, the time during which DOC may consider their Offer(s). If an Offeror agrees to such extension, the Offer shall continue as a Firm Offer, irrevocable, va…

291-160-0190 Responsibility of Offerors (1) Before awarding a Contract DOC shall determine whether the bidder submitting the lowest Bid, or the proposer submitting the most Advantageous Proposal, is Responsible. To be a Responsible Offeror, DOC must determine that the Offeror: (a…

291-160-0200 Offer Evaluation and Award for Competitive Sealed Procurements (1) DOC Evaluation. DOC shall accept and evaluate Offers using only the criterion as set forth in the Solicitation Document. DOC shall not evaluate Offers using any other requirement or criterion. (2) Pre…

291-160-0210 Tiebreaker for Identical Offers (1) Tiebreaker Preference and Award When Offers Are Identical. When DOC receives Offers identical in price, fitness, availability and quality, and chooses to Award a Contract, DOC shall Award the Contract based on the following order o…

291-160-0220 Rejection of an Offer (1) DOC may reject any Offer in whole or in part when the rejection is in the best interest of DOC as determined by DOC. The reasons for the rejection must be made a part of the procurement file. (2) DOC shall reject an Offer upon DOC’s finding …

291-160-0230 Rejection of All Offers (1) Rejection. DOC, in its sole discretion, may reject all Offers in whole or in part when the rejection is in the best interest of DOC as determined by DOC. DOC shall notify all Offerors of the rejection of all Offers, along with the reasons …

291-160-0240 Cancellation of Procurement or Solicitation (1) Cancellation in DOC’s Interest. DOC, in its sole discretion, may cancel a procurement or solicitation in whole or in part when the cancellation is in the best interest of DOC as determined by DOC. The reasons for the ca…

291-160-0250 Notice of Intent to Award (1) Notice of Intent to Award. DOC may provide Written notice of its intent to award to all Offerors at least seven calendar days before the Award of a Contract, unless DOC determines that circumstances justify prompt execution of the Contra…

291-160-0260 Documentation of Award (1) Basis of Award. After Award, DOC shall make a record showing the basis for determining the successful Offeror part of DOC’s procurement file. (2) Contents of Award Record. DOC’s record shall include: (a) For Bids: (A) Bids; (B) Completed Bi…

291-160-0270 Availability of Award Decisions (1) Contract Documents. To the extent required by the Solicitation Document, DOC shall deliver to the successful Offeror a Contract, Signed purchase order, Price Agreement, or other Contract document(s) as applicable. (2) Availability …

291-160-0280 Small Procurements (1) Generally. DOC may award a Contract as a small procurement with limited competitive process for goods or services less than or equal to $150,000 as provided in this rule. (2) Amendments. DOC may amend a Contract awarded as a small procurement; …

291-160-0290 Sole-source Procurements (1) Generally. DOC may Award a Contract in any dollar amount without competition as a sole-source procurement. (2) Public Notice. If DOC determines that it may enter into a Contract as a sole-source, DOC shall give public notice of its determ…

291-160-0300 Emergency Procurements DOC may Award a Contract for any dollar amount as an Emergency procurement. When an Emergency procurement is authorized, the procurement shall be made with competition that is reasonable and appropriate under the circumstances. DOC shall docume…

291-160-0310 Opportunity Buys (1) DOC may procure goods without a competitive process as an “Opportunity Buy” as set forth in this rule. (2) DOC may procure goods up to $150,000.00 as an Opportunity Buy when all of the following conditions are present: (a) The proposed unit price…