Or. Admin. Code § 177-038-0000

Current through Register Vol. 63, No. 10, October 1, 2024

Section 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 Document.

(2) "Affected Individual" means a Person or Offeror whose ability to participate in a procurement is adversely affected by a decision of the Lottery.

(3) "Alternative Procurement" is defined in OAR 177-038-0090.

(4) "Award" means the decision of the Lottery to enter into a Contract with any Person.

(5) "Bid" means a written response submitted to the Lottery by a Bidder according to instructions in an Invitation to Bid.

(6) "Bidder" means a Person who submits a Bid in response to the Lottery's Invitation to Bid.

(7) "Business Day" means Monday through Friday, 8:00 a.m. to 5:00 p.m. Pacific Time, excluding Lottery-recognized holidays and any other Day that the Lottery's Headquarters is closed for business for any reason.

(8) "Closing" means the date and time specified in the Solicitation Document as the deadline for submitting Bids or Proposals.

(9) "Commission" has that meaning as defined in ORS 461.010(4).

(10) "Contract" means a legally binding written agreement between the Lottery and one or more Persons for the purchase and sale of Goods, Services, or both.

(11) "Contractor" means a Person with whom Lottery enters into a Contract.

(12) "Cooperative Procurement" means a procurement conducted on behalf of more than one governmental body. "Cooperative Procurement" includes but is not limited to multiagency contracts and Price Agreements. "Cooperative Procurement" does not include an agreement formed among only governmental bodies under ORS chapter 190 or by a statute, charter provision, ordinance or other authority for establishing agreements between or among governmental bodies or agencies or tribal governing bodies or agencies.

(13) "Day" means calendar day.

(14) "Director" has that meaning as defined in ORS 461.010(2).

(15) "Emergency" means circumstances that:

(a) Could not have been reasonably foreseen;

(b) Require prompt execution of a Contract to remedy the condition; and

(c) Meet one of the following conditions:

(A) Substantially threaten a loss of revenue, damage or interruption of services or a substantial threat to property, public health, welfare or safety; or

(B) Require immediate action to protect the fairness, integrity, security, or honesty of the Oregon Lottery or an Oregon Lottery game.

(16) "General Procurement" has that meaning as defined in OAR 177-037-0000(2). The process by which Lottery will classify a procurement as a General Procurement is set forth in in OAR 177-037-0020.

(17) "Goods" means supplies, equipment, materials, and personal property, including any tangible, intangible, and intellectual property, and associated rights and licenses.

(18) "Intermediate Procurement" has that meaning as defined in OAR 177-038-0070(3)(b).

(19) "Invitation to Bid" means the written document Lottery issues that invites Bids from prospective Contractors.

(20) "Large Procurement" has that meaning as defined in OAR 177-038-0070(3)(c).

(21) "Lottery" has that meaning as defined in ORS 461.010(3).

(22) "Major Procurement" means a procurement for a contract for the printing of tickets used in any lottery game, any goods or services involving the receiving or recording of number selection in any lottery game, or any goods or services involving the determination of winners in any lottery game. The process by which Lottery will classify a procurement as a Major Procurement is set forth in in OAR 177-037-0020.

(23) "Minor Informalities" has that meaning as defined in OAR 177-038-0170.

(24) "Offer" means a response a Person submits to Lottery according to one of the source selection processes described in OAR 177-038-0070.

(25) "Offeror" means a Person who submits an Offer.

(26) "Person" has that meaning as defined in ORS 461.010(9).

(27) "Price" means the maximum amount Lottery may be obligated to pay the Contractor under a Contract.

(28) "Price Agreement" means a written agreement between Lottery and a Person for Goods, Services, or both, that Lottery may purchase:

(a) Through issuance of a service request order, work order, notice to proceed, purchase order or similar written ordering instrument as prescribed by the agreement; and

(b) At a set price or at a price established using a method prescribed by the agreement with either:

(A) No guarantee of a minimum or maximum purchase quantity; or

(B) An initial order or minimum purchase quantity specified in the agreement, combined with Contractor's continuing obligation to provide the Goods, Services, or both, upon Lottery's written request, with no guarantee of minimum or maximum additional purchase quantities.

(29) "Proposal" means a written response submitted according to instructions in a Request for Proposals.

(30) "Proposer" means a Person who submits a Proposal to the Lottery.

(31) "Request for Proposals" means a written document Lottery issues requesting Proposals, which Lottery intends to evaluate and score according to the processes and scored selection criteria described in the Request for Proposals, with the intent to enter into a Contract(s) with the Responsive and Responsible Offeror(s) whose written response(s) either receives the highest score or presents the best value to the State of Oregon, or both.

(32) "Responsible" means a reasonable determination by Lottery that a Person would be a reliable, competent, responsible, accountable, and legally authorized Contractor.

(33) "Responsive" means a reasonable determination by Lottery that an Offer substantially complies in all material respects with instructions and requirements set forth in a Solicitation Document.

(34) "Senior Procurement Manager" means the individual, or his or her designee, in charge of the Lottery's Procurement and Contracts department.

(35) "Sensitive Procurement" has that meaning as defined in OAR 177-037-0000(4). The process by which Lottery will classify a procurement as a Sensitive Procurement is set forth in in OAR 177-037-0020.

(36) "Services" means labor utilizing skills, knowledge and resources for physical, technical or scientific work or utilizing professional, artistic or managerial thought, discretion or judgment.

(37) "Small Procurement" any procurement of Goods or Services not exceeding $50,000.

(38) "Solicitation Document" means an Invitation to Bid, Request for Proposal, or other document issued to invite Offers from prospective Contractors.

(39) "Specifications" means any description of the physical or functional characteristics of Goods or Services, including any requirement for inspecting, testing or preparing Goods or Services for delivery, and the qualities and quantities of the Goods or Services. Specifications generally dictate a result to be obtained or a standard to be achieved.

Or. Admin. Code § 177-038-0000

LOTT 8-2018, adopt filed 09/28/2018, effective 10/1/2018

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