Current through Register Vol. 63, No. 9, September 1, 2024
(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 ORS
461.440.
The intent of these rules is to establish procurement processes and practices
that are consistent with policies set forth in ORS
461.400 and ORS
461.440,
protect the interests of the Lottery, and promote fairness in contracting with
the business community, including processes and practices that:
(a) To the extent reasonable, promote open
competitive procurement;
(b) Take
into account the particularly sensitive nature of the state lottery, and
promote fairness, integrity, security, and honesty in the operation and
administration of the Lottery and the objective of raising net revenues for the
benefit of the public purposes described in Section 4, Article XV of the
Constitution of the State of Oregon;
(c) Establish vendor
responsibility;
(d) Promote
participation of State certified minority owned, women owned, service disabled
veteran owned businesses, and emerging small businesses;
(e) Promote sustainability measures;
and
(f) Promote any other policies
or directives set forth in Article XV, Section 4 of the Oregon Constitution, or
in ORS Chapter 461.
(2)
Exceptions: The following types of Contracts are not subject to the source
selection methods set forth in these Division 38 rules, and the Lottery may
enter into Contracts for the types of Goods and Services described below by any
method the Lottery determines is reasonable in the circumstances, including by
direct Award and negotiation:
(a) Contracts
between the Lottery and a state agency or local government of this or another
state, with the United States or a United States governmental agency, with an
American Indian tribe or an agency of an American Indian tribe, or with a
nation or a public agency in any nation other than the United States as
permitted in ORS Chapter 190;
(b)
Contracts between the Lottery and State of Oregon Correction Enterprises
consistent with the Oregon Constitution, Article 1, Section 41, Subsection
11;
(c) Contracts for which the
rates are set by law or ordinance.
(3) Reservation of Rights: Except as set
forth in ORS
461.120,
the Lottery is exempt from the provisions of ORS Chapters 279A, 279B and 279C,
which govern public contracting and procurement, the Lottery reserves the right
to consult the following as guidance in making procurement decisions:
(a) ORS Chapters 279A, 279B and
279C;
(b) The Attorney General's
Model Public Contract Rules (OAR Chapter 137, Divisions 46, 47, 48, and
49);
(c) The Public Contracting
Rules established by the Oregon Department of Administrative Services (OAR
Chapter 125, Divisions 246, 247, 248, and 249);
(d) Any written opinions issued by the courts
of the State of Oregon interpreting any of the foregoing; and
(e) The provisions set forth in the foregoing
statutes, administrative rules, and interpretations thereof are not binding on
the Lottery, but the Lottery may refer to such statutes, administrative rules,
and interpretations for guidance in the interpretation and administration of
procurements subject to these Division 38 rules. The Lottery will document in
the procurement file the extent to which it relied on the foregoing statutes,
administrative rules, or interpretations as guidance for its decisions related
to the procurement.
Statutory/Other Authority: ORS Chapter 461 & Oregon
Constitution, Article XV, 4(4)
Statutes/Other Implemented: ORS
461.400, ORS
461.410,
ORS
461.420,
ORS
461.430 & ORS
461.440
