Loading
The Oregon Administrative Rules contain OARs filed through July 15, 2014
 
QUESTIONS ABOUT THE CONTENT OR MEANING OF THIS AGENCY'S RULES?
CLICK HERE TO ACCESS RULES COORDINATOR CONTACT INFORMATION

SECRETARY OF STATE, BUSINESS SERVICES DIVISION

 

DIVISION 1

PROCEDURAL RULES

167-001-0005

Model Rules of Procedure

Pursuant to ORS 183.341, the Secretary of State adopts for use by its Business Services Division the Attorney General's Model Rules of Procedure as amended and effective on January 1, 2010.

[ED. NOTE: The full text of the Attorney General’s Model Rules of Procedure is available from the Attorney General or Business Services Division.]

Stat. Auth.: ORS 183
Stats. Implemented: ORS 183
Hist.: SS 1-1992, f. & cert. ef. 8-17-92; BSD 1-2005(Temp), f. 2-25-05, cert. ef. 3-1-05 thru 8-28-05; BSD 2-2005, f. & cert. ef. 6-15-05; BSD 1-2010, f. & cert. ef. 7-7-10

167-001-0007

Application of Rules

These OAR chapter 167, division 001 rules apply to public contracts of the Secretary of State first advertised, but if not advertised then entered into, on or after March 1, 2014.

Stat. Auth.: ORS 279A.065 & 279A.070
Stats. Implemented: ORS 279A.020, 279A.030 & 279A.065
Hist.: BSD 1-2005(Temp), f. 2-25-05, cert. ef. 3-1-05 thru 8-28-05; BSD 2-2005, f. & cert. ef. 6-15-05; BSD 1-2010, f. & cert. ef. 7-7-10; BSD 1-2014, f. 2-28-14, cert. ef. 3-1-14

167-001-0010

Notice of Proposed Rulemaking

Prior to the adoption, amendment or repeal of any permanent rule, the Secretary of State, Business Services Division, shall give notice of the intended action:

(1) In the Secretary of State's Bulletin referred to in ORS 183.360(3) at least 21 days prior to the effective date of the intended action.

(2) By mailing a copy of the notice to persons on the Secretary of State's Business Services Division mailing list established pursuant to ORS 183.335(8) at least 28 days before the effective date of the rule; and

(3) By mailing or furnishing a copy of the notice to:

(a) The Capitol Press Room;

(b) Associated Press; and

(c) Attorney General.

Stat. Auth.: ORS 183
Stats. Implemented: ORS 183
Hist.: SS 2-1992, f. & cert. ef. 10-13-92; BSD 1-1995, f. & cert. ef. 5-17-95; BSD 1-2005(Temp), f. 2-25-05, cert. ef. 3-1-05 thru 8-28-05; BSD 2-2005, f. & cert. ef. 6-15-05

Screening and Selection Procedures for Contracts Entered into by the Oregon Secretary of State

167-001-0020

Purpose

The Divisions of the Oregon Secretary of State (Secretary) occasionally require the services of an outside party to accomplish all or part of a project. The Secretary intends that the Attorney General's Model Public Contracting Rules, Chapter 137, will govern all Secretary of State public contracting. It is the intent of the Secretary that these Model Rules will be accepted by default in accordance with the provisions of ORS 279A.065(4). These rules supplement and do not replace the Attorney General’s Model Public Contract Rules.

Stat. Auth.: ORS 279A.065
Stats. Implemented: ORS 279A.065
Hist.: SS 3-1992, f. & cert. ef. 10-13-92; BSD 1-2005(Temp), f. 2-25-05, cert. ef. 3-1-05 thru 8-28-05; BSD 2-2005, f. & cert. ef. 6-15-05; BSD 1-2014, f. 2-28-14, cert. ef. 3-1-14

167-001-0030

Basic Policy

The Secretary will contract for services when the specialized skills, knowledge or resources are not available within the Secretary of State’s office; when the work cannot be done in a reasonable time with the Secretary’s own work force; when it will be less expensive to contract for the work; or when an independent and impartial evaluation of a situation by recognized professionals is required. Contracts will be granted only after approval of the Secretary or his/her designee.

Stat. Auth.: ORS 279A.065 & 279A.070
Stats. Implemented: ORS 279A.015
Hist.: SS 3-1992, f. & cert. ef. 10-13-92; BSD 1-2005(Temp), f. 2-25-05, cert. ef. 3-1-05 thru 8-28-05; BSD 2-2005, f. & cert. ef. 6-15-05; BSD 1-2010, f. & cert. ef. 7-7-10; BSD 1-2014, f. 2-28-14, cert. ef. 3-1-14

167-001-0081

Reinstatement of Expired Contracts

The Secretary of State, Business Services Division Chief Procurement Officer may approve reinstatement of an expired Contract if the following conditions are met:

(1) Failure to renew or extend the Contract would prevent the Secretary from carrying out the duties of the Secretary;

(2) Written request for reinstatement is submitted to the Business Services Division Chief Procurement Officer for approval within a reasonable time after the expiration of the original contract;

(3) A written statement justifying the Contractor’s completion of the work after expiration of the contract, there is no change in the Statement of Work, and either;

(a) The reinstatement is exclusively for the purpose of permitting completion of the work or services for no additional compensation; or

(b) When services are of a continuing or repetitive nature which are compensated at an hourly, daily or similar periodic rate, the reinstatement either:

(A) Does not increase the rate of compensation; or

(B) Does not increase the rate of compensation so as to exceed the rate of the increase determined by comparing the Portland, Oregon Metropolitan Area Consumer Price Index (all items) published immediately prior to the date the original contract was established with the same Index published immediately prior to the date of the reinstatement and extension.

(4) When a Contract is reinstated pursuant to this section, the Secretary may compensate the Contractor, at the rate of compensation established in the original contract, for work performed in the interim between the expiration of the original contract and the execution and approval(s) of the extension or amendment.

(5) This rule authorizes only one reinstatement of a Contract.

(6) No reinstatement of a Contract shall modify the original contract except with respect to the time for performance.

(7) If the reinstatement of a Contract pursuant to this rule raises the aggregate amount of compensation to a level that requires Attorney General approval under ORS 291.045 and 291.047, the Secretary shall obtain such approval or ratification before the extension becomes binding and before any services may be performed under the reinstated contract.

Stat. Auth.: ORS 279A.065 & 279A.070
Stats. Implemented: ORS 279A.050, 279A.065, 279A.070 & 279A.140
Hist.: BSD 1-2005(Temp), f. 2-25-05, cert. ef. 3-1-05 thru 8-28-05; BSD 2-2005, f. & cert. ef. 6-15-05; BSD 1-2010, f. & cert. ef. 7-7-10; BSD 1-2014, f. 2-28-14, cert. ef. 3-1-14

167-001-0300

Electronic Public Notice

The Secretary may publish the advertisement (notice) for Offers on the Department of Administrative Services ORPIN Electronic Procurement System, or subsequent system, instead of publishing notice in a newspaper of general circulation as required by ORS 279B.055(4)(b). In addition, the Secretary may publish the advertisement on the Secretary's web-page.

Stat. Auth.: ORS 279A.065 & 279A.070
Stats. Implemented: ORS 279A.065, 279A.070 & 279B.055
Hist.: BSD 1-2005(Temp), f. 2-25-05, cert. ef. 3-1-05 thru 8-28-05; BSD 2-2005, f. & cert. ef. 6-15-05; BSD 1-2014, f. 2-28-14, cert. ef. 3-1-14

167-001-0360

Purchases Through Federal Programs

(1) The Secretary may purchase supplies and services under the Federal Programs identified in ORS 279A.180, without competitive sealed bidding, competitive sealed proposals or other competition required under ORS 279B.050 to 279B.085, provided that the Secretary has federal authorization to purchase through the program.

(2) To purchase through a Federal Program, the Secretary must document in its contract file that:

(a) The acquisition meets the Secretary’s requirements;

(b) The price and other terms of the acquisition are advantageous to the Secretary;

(c) No other DAS price agreement for the supply or services exists, based upon the Secretary’s review of the contracts on ORPIN;

(d) Preference programs, including but not limited to the Inmate Work Program of ORS 279A.025(2)(i);

(e) The Secretary may add to its contract such contract terms and conditions as are required by State statute or rules, if such additions do not conflict with the Federal Program’s contract terms and conditions, including but not limited to prompt payment requirements, additional commercial terms, and conflict resolution.

Stat. Auth.: ORS 279A.065 & 279A.070
Stats. Implemented: ORS 279A.180
Hist.: BSD 1-2005(Temp), f. 2-25-05, cert. ef. 3-1-05 thru 8-28-05; BSD 2-2005, f. & cert. ef. 6-15-05; BSD 1-2010, f. & cert. ef. 7-7-10; BSD 1-2014, f. 2-28-14, cert. ef. 3-1-14

Ethics in Secretary of State Contracting

167-001-0600

Policy

(1) These rules supplement and do not replace ORS 244.010 through ORS 244.400, for the purpose of applying the policy of ORS 244.010 to Oregon Secretary of State (Secretary) public contracting under the Public Contracting Code and related rules. The Secretary's public contracting is a public trust. The Secretary and contractors involved in public contracting must safeguard this public trust.

(2) The Secretary will conduct business with competence, integrity, and dignity. The Secretary will pursue the maximum value of each public dollar spent while complying with all public contracting statues, rules, and regulations. The Secretary will grant all competitive bidders fair consideration, to regard each transaction on its own merits; to foster and promote fair, ethical, and legal trade practices. The Secretary will prompt courteous reception to all who want to conduct legitimate business with the State of Oregon.

Stat. Auth.: ORS 279A.065(5)(a) & 279A.070
Stats. Implemented: ORS 279A.065(5)(a), 279A.070 & 279A.140
Hist.: BSD 1-2005(Temp), f. 2-25-05, cert. ef. 3-1-05 thru 8-28-05; BSD 2-2005, f. & cert. ef. 6-15-05; BSD 1-2014, f. 2-28-14, cert. ef. 3-1-14

167-001-0605

Selection and Award of Public Contracts

(1) Secretary officers, employees or agents involved in the process of the selection and award of public contracts must carefully review the provisions of ORS 244.040.

(2) Secretary officers, employees and agents are prohibited from soliciting or receiving gifts, which means something of economic value given to a public official or the public official’s relative or member of the household of the public official without an exchange of valuable consideration of equivalent value, including the full or partial forgiveness of indebtedness, and which is not extended to others who are not public officials or the relatives of public officials or members of the household of the public official on the same terms and conditions; and something of economic value given to a public official or the public official’s relative or member or the household of the public official for valuable consideration less than that required from others who are not public officials.

(3) Secretary officers, employees and agents are prohibited from using their official position for personal or financial gain.

(4) Secretary officers, employees and agents are prohibited from using confidential information gained in the course of the screening and selection procedures for personal or financial gain.

Stat. Auth.: ORS 279A.065(5)(a) & 279A.070
Stats. Implemented: ORS 279A.065(5)(a), 279A.070 & 279A.140
Hist.: BSD 1-2005(Temp), f. 2-25-05, cert. ef. 3-1-05 thru 8-28-05; BSD 2-2005, f. & cert. ef. 6-15-05; BSD 1-2010, f. & cert. ef. 7-7-10

167-001-0620

Specifications

Secretary staff and providers may not develop specifications that primarily benefit only one provider, directly or indirectly.

Stat. Auth.: ORS 279A.065(5)(a) & 279A.070
Stats. Implemented: ORS 279A.065(5)(a), 279A.070 & 279A.140
Hist.: BSD 1-2005(Temp), f. 2-25-05, cert. ef. 3-1-05 thru 8-28-05; BSD 2-2005, f. & cert. ef. 6-15-05; BSD 1-2014, f. 2-28-14, cert. ef. 3-1-14

167-001-0630

Fragmentation

A procurement may not be artificially divided or fragmented so as to constitute a small procurement, pursuant to ORS 279B.065, or an intermediate procurement, pursuant to 279B.070, in order to avoid competition.

Stat. Auth.: ORS 279A.065(5)(a) & 279A.070
Stats. Implemented: ORS 279A.065(5)(a), 279A.070 & 279B.065
Hist.: BSD 1-2005(Temp), f. 2-25-05, cert. ef. 3-1-05 thru 8-28-05; BSD 2-2005, f. & cert. ef. 6-15-05

167-001-0635

Agency and Provider Communications

(1) Secretary staff are encouraged to freely conduct market research in support of a procurement. This research includes but is not limited to: meetings, industry presentations, and demonstrations with any providers that may be able to meet a need for an approved procurement. Secretary staff are encouraged to meet with providers whose products or services can meet the Secretary's needs and to document the items discussed during the market research phase of Solicitation development. The research phase shall end prior to a release of a solicitation or a request for quote, unless the solicitation provides for a different process that permits on-going research.

(2) Any communication between Secretary and providers after the solicitation release or request for a quote must only be facilitated by the purchasing staff and within the context of the solicitation document requirements, which may allow for discussions, negotiations, and addenda. Secretary purchasing staff are encouraged to respond to written inquiries by addenda or letter in a timely manner.

Stat. Auth.: ORS 279A.065(5)(a) & 279A.070
Stats. Implemented: ORS 279A.065(5)(a), 279A.070 & 279A.140
Hist.: BSD 1-2005(Temp), f. 2-25-05, cert. ef. 3-1-05 thru 8-28-05; BSD 2-2005, f. & cert. ef. 6-15-05; BSD 1-2014, f. 2-28-14, cert. ef. 3-1-14

The official copy of an Oregon Administrative Rule is contained in the Administrative Order filed at the Archives Division, 800 Summer St. NE, Salem, Oregon 97310. Any discrepancies with the published version are satisfied in favor of the Administrative Order. The Oregon Administrative Rules and the Oregon Bulletin are copyrighted by the Oregon Secretary of State. Terms and Conditions of Use

Oregon Secretary of State • 136 State Capitol • Salem, OR 97310-0722
Phone: (503) 986-1523 • Fax: (503) 986-1616 • oregon.sos@state.or.us

© 2013 State of Oregon All Rights Reserved​