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OREGON STATE LOTTERY

 

DIVISION 36

LOTTERY PROCUREMENT RULES

177-036-0000

Definitions

The following definitions apply to all Oregon Administrative Rules contained in OAR chapter 177, division 36:

(1) "Addendum" or "Addenda" means an addition or deletion to, a material change in, or general interest explanation of a Solicitation Document.

(2) "Advantageous" means in the Lottery's best interests, as assessed according to the judgment of the Lottery.

(3) "Award" means either the act or occurrence of the Lottery's identification of the Person with whom the Lottery will enter into a Contract.

(4) "Bid" means a response to an Invitation to Bid.

(5) "Bidder" means a Person that submits a Bid in response to an Invitation to Bid.

(6) "Closing" means the date and time announced in a Solicitation Document as the deadline for submitting Offers.

(7) "Contract" means a purchase, lease, rental or other acquisition or sale or other disposal by the Lottery of Goods or Services.

(8) "Contract Price" means, as the context requires;

(a) The maximum payments that the Lottery will make under a Contract if the Contractor fully performs under the Contract;

(b) The maximum not-to-exceed amount of payments specified in the Contract; or

(c) The unit prices for Goods and Services set forth in the Contract.

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

(10) "Days" means calendar days.

(11) "Director" has that definition as defined in ORS 461.010(3).

(12) "Emergency" means circumstances that:

(a) Could not have been reasonably foreseen; and

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

(c) Meet one of the following two conditions:

(A) The circumstances create a substantial risk of loss or revenue, damage or interruption of services or substantial threat to property, public health, welfare or safety when the circumstances could not have been reasonably foreseen; or

(B) The circumstances require immediate and decisive action to protect the security, credibility, or integrity of the Lottery or a Lottery game.

(13) "Goods and Services" or "Goods or Services" means supplies, equipment, materials and services including Personal Services and any personal property, including any tangible, intangible and intellectual property and rights and licenses in relation thereto, that the Lottery is authorized by law to procure.

(14) "Information Technology Contract" means a Contract for the acquisition, disposal, repair, maintenance or modification of hardware, software or services for computers or telecommunications.

(15) "Invitation to Bid" or "ITB" means all documents, whether attached or incorporated by reference, used for soliciting Bids using a competitive bidding process in which specifications, price and delivery (or project completion) will be the predominant Award criteria.

(16) "Large Procurement" means the Lottery's procurement of Goods or Services exceeding $150,000 in accordance with the requirements of OAR 177-036-0040(4).

(17) "Lottery" has that definition as defined in ORS 461.010(1).

(18) "Lottery Commission" or "Commission" has that definition as defined in ORS 461.010(4).

(19) "Major Procurement" means a procurement that involves highly sensitive and highly secure Lottery information and includes but is not limited to, the printing of tickets used in Lottery games, 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. Disclosure requirements for this classification of procurements are contained in ORS 461.410, 461.700, and OAR 177-037-0030.

(20) "Offer" means a response to a Solicitation Document.

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

(22) "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, governmental agency, public corporation or any other legal or commercial entity.

(23) "Personal Services" means the services or type of services performed under a Personal Services Contract.

(24) "Personal Services Contract" means a Contract or member of a class of Contracts whose primary purpose is to acquire specialized skills, knowledge and resources in the application of technical or scientific expertise, or the exercise of professional, artistic or management discretion or judgment, including, without limitation, a Contract for the services of an accountant, educator, information technology or other consultant, broadcaster or artist (including a photographer, filmmaker, painter, or sculptor.)

(25) "Proposal" means a response to a Request for Proposal.

(26) "Proposer" means a Person that submits a Proposal in response to a Request for Proposal.

(27) "Responsible Offeror" (also "Responsible Bidder" or "Responsible Proposer" as applicable) means a Person that has submitted an Offer and meets the standards set forth in OAR 177-036-0110, and that has not been debarred by the Lottery under OAR 177-036-0210. When used alone, "Responsible" means meeting the aforementioned standards.

(28) "Responsive Offer" (also "Responsive Bid" or "Responsive Proposal" as applicable) means an Offer that substantially complies in all material respects with applicable Solicitation Document requirements. When used alone, "Responsive" means having the characteristics of substantially complying in all material respects with applicable Solicitation Document requirements.

(29) "Request for Proposal" or "RFP" means all documents, whether attached or incorporated by reference, used for soliciting Proposals using a competitive Proposal process in which price is not the sole determining factor for Contract Award.

(30) "Scope" means the range and attributes of the Goods or Services described in the applicable Solicitation Document, or if no Solicitation Document, in the Contract.

(31) "Signed" or "Signature" means any mark, word or symbol attached to or logically associated with a document and executed or adopted by a Person, with the intent to be bound.

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

(33) "Specification" means any description of the physical or functional characteristics or of the nature of Goods or Services, including any requirement for inspecting, testing or preparing Goods or Services for delivery and the quantities of materials to be furnished under a Contract. Specifications generally will state the result to be obtained and may, on occasion, describe the method and manner of doing the Work to be performed.

(34) "Vendor" has that definition as defined in ORS 461.010(8). For purposes of these Division 36 rules, Vendor does not include a Lottery game retailer as defined in ORS 461.010(7).

(35) "Work" means the furnishing of all materials, equipment, labor and incidentals necessary to successfully complete any individual requirement in a Contract and successful completion of all duties and obligations imposed by the Contract.

(36) "Written" or "Writing" means conventional paper documents, whether handwritten, typewritten or printed, in contrast to spoken words. It also includes electronic transmissions or facsimile documents when required by applicable law or permitted by a Solicitation Document or Contract.

Stat. Auth.: OR Const., Art. XV, ¦4(4) & ORS 461
Stats. Implemented: ORS 461.400, 461.410, 461.420, 461.430 & 461.440
Hist.: LOTT 12-2005(Temp), f. & cert. ef. 11-3-05 thru 4-30-06; LOTT 16-2005, f. 12-21-05, cert. ef. 12-31-05

177-036-0010

General Policy

It is the policy of the Lottery to conduct its procurement efforts to ensure a process that promotes fairness, integrity, security, and honesty to maximize revenue for the public purposes set forth in ORS 461.200. The purpose of these division 36 rules is to provide a framework for the Lottery procurement processes. These division 36 rules apply to the Lottery's procurement of Goods and Services.

Stat. Auth.: OR Const., Art. XV, ¦4(4) & ORS 461
Stats. Implemented: ORS 461.400, 461.410, 461.420, 461.430 & 461.440
Hist.: LOTT 12-2005(Temp), f. & cert. ef. 11-3-05 thru 4-30-06; LOTT 16-2005, f. 12-21-05, cert. ef. 12-31-05

177-036-0020

Application of the Lottery's Procurement Rules; Exceptions

(1) General: It is the policy of the Lottery, to the extent that is reasonable given the objectives of maximizing the net revenues of the Lottery, to conduct its contracting affairs in an open, competitive manner in accordance with ORS 461.440 and these division 36 rules.

(2) Exceptions: The Lottery may enter into the following classifications of Contracts without a competitive process:

(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) Sole-source expenditures when rates are set by law or ordinance for purposes of source selection;

(c) Contracts for books, memberships, or subscriptions;

(d) Sponsorship agreements;

(e) Advertising and promotional Contracts, including, but not limited to, Contracts to place media, Contracts for talent, acquisition of prizes, and promotional Goods or Services. This exception does not apply to the selection of the Lottery's primary advertising agency;

(f) Contracts for video Lottery terminals and similar devices and video Lottery games (including the equipment and services necessary to operate and maintain the devices or games);

(g) Equipment repair and overhaul Contracts subject to the following conditions:

(A) Service or parts required are unknown and the cost cannot be determined without extensive preliminary dismantling or testing; or

(B) Service or parts required are for sophisticated equipment for which specifically trained personnel are required and such personnel are available from only one source;

(h) Investment contracts related to the payoff of major prize winners;

(i) Security studies;

(j) Price regulated items where the rate or price is established by federal, state or local regulatory authority;

(k) Purchase of used personal property; and

(l) Contracts with Lottery game retailers pursuant to ORS 461.300 through 461.335.

(3) Reservation of Rights: Although the Lottery is exempt from ORS Chapter 279A and 279B, which govern public contracts and procurement, the Lottery reserves the right to use, as guidelines to govern its procurement actions, relevant provisions of ORS Chapter 279A, and 279B, the Attorney General's Model Public Contract Rules (OAR chapter 137, divisions 46 and 47) and the Public Contracting Rules established by the Oregon Department of Administrative Services (OAR chapter 125, divisions 246 and 247). However, the procedures set forth in these statutes and administrative rules shall be guidance only and shall not obligate the Lottery to follow the procedures set forth in these statutes and administrative rules.

Stat. Auth.: OR Const., Art. XV, ¦4(4) & ORS 461
Stats. Implemented: ORS 461.400, 461.410, 461.420, 461.430 & 461.440
Hist.: LOTT 12-2005(Temp), f. & cert. ef. 11-3-05 thru 4-30-06; LOTT 16-2005, f. 12-21-05, cert. ef. 12-31-05

177-036-0030

Procurement Authority

(1) General: The Director is authorized to initiate procurements and enter into all Contracts and Contract amendments for Goods and Services that have been approved by the Lottery Commission in the annual financial plan (as it may be amended) or are otherwise pre-approved in concept at a Lottery Commission meeting, on behalf of the Lottery Commission except as follows:

(a) Unbudgeted procurements that will result in a Contract with a Contract Price in excess of $75,000 over the term of the Contract and Unbudgeted Contracts with a Contract Price in excess of $75,000 over the term of the Contract must be approved by the Lottery Commission. For purposes of section (1) of this rule, "Unbudgeted" means expenditures that have not been previously approved by the Commission in the Lottery's current financial plan or at a Commission meeting.

(b) The first Unbudgeted Contract amendment that increases the Contract Price to more than $75,000 and all subsequent Unbudgeted Contract amendments that increase the Contract Price by more than $75,000 since the last Unbudgeted Contract Amendment approved by the Commission, must be approved by the Commission.

(c) Contracts for Major Procurements must be approved by the Commission.

(2) Commission Approved Contracts: Notwithstanding the provisions of section (1) of this rule, the Commission having once approved a Contract or Contract amendment authorizes the Director to execute the Contract or Contract amendment, make all disbursements and payments as provided in the Contract or Contract amendment, without further action by the Commission.

(3) Emergency Procurements: Notwithstanding the provisions of section (1) of this rule, the Director is authorized to enter into a Contract awarded as an Emergency procurement as set forth in OAR 177-036-0040(6).

(4) Rule or Statutory Authorization: If a contract action is authorized by statute or rule, the Director is authorized to execute the Contract or any Contract amendment, and make all disbursements and payments as required by the Contract terms or the terms of the Contract amendment.

(5) Price Reduction: The Director is authorized, without further, specific approval action by the Commission, to execute any Contract amendment that results in a reduction of the price paid by the Lottery per item, unit or other measure of the Goods or Services provided under the Contract, and may exercise any option under a Contract previously approved by the Commission, where the option terms of the approved Contract establish a specific price for the Goods or Services to be acquired under the option.

(6) Delegation by Director: Pursuant to ORS 461.180(7), the Director may delegate, in writing, to any of the employees of the Lottery the exercise or discharge of any of the powers, duties or functions of the Director in these division 36 rules.

(7) Legal Sufficiency Review: When the Attorney General legal sufficiency review and approval is required under ORS 291.047, the Lottery must seek legal sufficiency review and approval of Contracts pursuant to ORS 291.047 and review of procurement documents pursuant to OAR 137-045-0035.

Stat. Auth.: OR Const., Art. XV, ¦4(4) & ORS 461
Stats. Implemented: ORS 461.400, 461.410, 461.420, 461.430 & 461.440
Hist.: LOTT 12-2005(Temp), f. & cert. ef. 11-3-05 thru 4-30-06; LOTT 16-2005, f. 12-21-05, cert. ef. 12-31-05

177-036-0040

Source Selection

(1) General: The Lottery shall Award Contracts for Goods or Services by one of the source selection methods in this rule. Except as provided in section (2), and sections (5) through (7) of this rule, the Lottery will generally conduct a competitive process for Goods or Services by issuing a Solicitation Document.

(2) Small Procurements: Any procurement of Goods or Services not exceeding $15,000 may be Awarded without a competitive process. The Lottery may Award a Contract in any manner deemed practical or convenient by the Lottery, including by direct selection or Award. A procurement may not be artificially divided or fragmented so as to constitute a small procurement under this rule.

(3) Intermediate Procurements: Any procurement of Goods or Services exceeding $15,000 but not exceeding $150,000 may be Awarded after seeking three competitive price quotes or Offers. The Lottery shall keep a Written record of the sources of the Offers received. If three Offers are not reasonably available, fewer will suffice, but the Lottery shall make a Written record of the effort made to obtain the Offers. If a Contract is Awarded, the Lottery shall Award the Contract to the Offeror whose Offer will best serve the interests of the Lottery, taking into account price as well as considerations including, but not limited to, experience, expertise, product functionality, suitability for a particular purpose and Contractor responsibility under OAR 177-036-0110. A procurement may not be artificially divided or fragmented so as to constitute an intermediate procurement under this rule.

(4) Large Procurements: Any procurement of Goods or Services exceeding $150,000 may be Awarded after seeking three solicited competitive Offers. The Lottery shall keep a Written record of the sources of the Offers received. If three Offers are not reasonably available, fewer will suffice, but the Lottery shall make a Written record of the effort made to obtain the Offers. If a Contract is Awarded, the Lottery shall Award the Contract to the Offeror whose Offer will best serve the interests of the Lottery, taking into account price as well as considerations including, but not limited to, experience, expertise, product functionality, suitability for a particular purpose and Contractor responsibility under OAR 177-036-0110.

(5) Sole Source Procurements: The Lottery may Award a Contract for Goods or Services without a competitive process when the Director, or a person designated in Writing by the Commission, determines in Writing, based on findings of current market research, that the Goods or Services are available from only one seller or source.

(6) Emergency Procurements:

(a) General: The Director may make Emergency procurements and enter into Contracts Awarded as Emergency procurements in an Emergency. Notwithstanding OAR 177-036-0030, the Director may make Emergency procurements and enter into Contracts Awarded as Emergency procurements regardless of the dollar amount of the Contract without the Commission's approval.

(b) Major Procurements:

(A) Notwithstanding subsection 6(a) of this rule, the Director may make an Emergency procurement or enter into an Emergency Contract for a Major Procurement only upon the approval of the Commission. If the Emergency procurement requires immediate approval of the Contract, the Commission may conduct its meeting as provided in ORS 192.670 and 192.640(3).

(B) The Director may establish an extension of an Emergency Contract for a Major Procurement without the approval of the Commission, where the original Contract specifically provides for the extension, the extension does not result in any change in the terms and conditions of the Contract other than an extension in its term, and the Contractor has maintained its status as an approved Major Procurement Vendor pursuant to OAR 177-037-0030 and 177-037-0060.

(C) The Director shall make reasonable efforts to report to the Commission in Writing, within five Days of the Contract Award, or by the next scheduled Commission meeting following the Contract Award date, whichever is later, any Emergency Contracts entered into by the Director. However, the Director's inability or failure to report to the Commission within this time shall not affect the validity of any Emergency Contract.

(7) Alternative Procurement Methods:

(a) The Lottery reserves the right to use an alternative procurement method if that method will be more likely to:

(A) Maximize the Lottery's net revenue;

(B) Achieve the specific business objective or business objectives of the procurement; or

(C) Aid the Director in fulfilling the statutory mandate to operate and administer the Lottery.

(b) Alternative procurement methods may include, but are not limited to, specialized Vendor prequalifications, multistep Bids or Proposals, single Proposer negotiations, competitive negotiations between two or more Proposers, brand name solicitations, and cooperative procurements. The Lottery shall conduct the alternative procurement method in accordance with the process set forth in the applicable Solicitation Document.

Stat. Auth.: OR Const., Art. XV, ¦4(4) & ORS 461
Stats. Implemented: ORS 461.400, 461.410, 461.420, 461.430 & 461.440
Hist.: LOTT 12-2005(Temp), f. & cert. ef. 11-3-05 thru 4-30-06; LOTT 16-2005, f. 12-21-05, cert. ef. 12-31-05

177-036-0050

Public Notice of Solicitation Documents

The Lottery may provide notice of a Solicitation Document by placing notice on an electronic procurement system, by sending the Solicitation Document to prospective Offerors, or by using any method it determines appropriate to foster and promote competition.

Stat. Auth.: OR Const., Art. XV, ¦4(4) & ORS 461
Stats. Implemented: ORS 461.400, 461.410, 461.420, 461.430 & 461.440
Hist.: LOTT 12-2005(Temp), f. & cert. ef. 11-3-05 thru 4-30-06; LOTT 16-2005, f. 12-21-05, cert. ef. 12-31-05

177-036-0055

Offer Submissions

Offerors may not submit facsimile and electronic Offers unless specifically authorized in the Solicitation Document.

Stat. Auth.: OR Const., Art. XV, ¦4(4) & ORS 461
Stats. Implemented: ORS 461.400, 461.410, 461.420, 461.430 & 461.440
Hist.: LOTT 12-2005(Temp), f. & cert. ef. 11-3-05 thru 4-30-06; LOTT 16-2005, f. 12-21-05, cert. ef. 12-31-05

177-036-0060

Addenda to Solicitation Documents

(1) Issuance; Receipt: The Lottery may change a Solicitation Document only by Written Addenda. An Offeror shall provide Written acknowledgement of receipt of all issued Addenda with its Offer, unless the Lottery otherwise specifies in the Addenda.

(2) Notice and Distribution: The Lottery shall notify prospective Offerors of Addenda in a manner intended to foster competition and to make prospective Offerors aware of the Addenda. The Solicitation Document shall specify how the Lottery will provide notice of Addenda.

(3) Timelines; Extensions: The Lottery shall issue Addenda within a reasonable time to allow prospective Offerors to consider the Addenda in preparing their Offers. The Lottery may extend the Closing if the Lottery determines prospective Offerors need additional time to review and respond to Addenda.

(4) Request for Change or Protest to an Addendum of a Large Procurement: Unless a different deadline is set forth in the Addendum, an Offeror may submit a Written request for change or protest to the Addendum of a Large Procurement, as provided in OAR 177-036-0160, by the close of the Lottery's next business day after issuance of the Addendum, or up to the last day allowed to submit a request for change or protest under 177-036-0160, whichever date is later. If the date established in the previous sentence falls after the deadline for receiving protests to the Solicitation Document in accordance with 177-036-0160, then the Lottery may consider an Offeror's request for change or protest to the Addendum only, and the Lottery shall not consider a request for change or protest to matters not added or modified by the Addendum.

Stat. Auth.: OR Const., Art. XV, ¦4(4) & ORS 461
Stats. Implemented: ORS 461.400, 461.410, 461.420, 461.430 & 461.440
Hist.: LOTT 12-2005(Temp), f. & cert. ef. 11-3-05 thru 4-30-06; LOTT 16-2005, f. 12-21-05, cert. ef. 12-31-05

177-036-0070

Pre-Closing Modifications or Withdrawal of Offers

(1) Modifications: An Offeror may modify its Offer in Writing prior to Closing. An Offeror shall prepare and submit any modifications to its Offer to the Lottery. The last Offer received by the Lottery prior to Closing will supercede any previous Offers received unless the Offer is identified by the Offeror as an alternate Offer.

(2) Withdrawals: An Offeror may withdraw its Offer by Written notice submitted on the Offeror's letterhead, signed by an authorized representative of the Offeror, delivered to the Lottery and received by the Lottery prior to Closing. The Offeror or authorized representative of the Offeror may also withdraw its Offer in person prior to Closing, upon presentation of appropriate identification and evidence of authority satisfactory to the Lottery.

Stat. Auth.: OR Const., Art. XV, ¦4(4) & ORS 461
Stats. Implemented: ORS 461.400, 461.410, 461.420, 461.430 & 461.440
Hist.: LOTT 12-2005(Temp), f. & cert. ef. 11-3-05 thru 4-30-06; LOTT 16-2005, f. 12-21-05, cert. ef. 12-31-05

177-036-0080

Receipt, Opening, and Recording of Offers; Confidentiality of Offers

(1) Receipt: The Lottery shall electronically or mechanically time-stamp or hand-mark each Offer and any modification upon receipt. The Lottery shall not open the Offer or modification upon receipt, but shall maintain it as confidential until Closing. If the Lottery inadvertently opens an Offer or a modification prior to Closing, the Lottery shall document the resealing for the procurement file and return the Offer or modification to its confidential state until Closing.

(2) Opening: The Lottery does not publicly open Offers.

Stat. Auth.: OR Const., Art. XV, ¦4(4) & ORS 461
Stats. Implemented: ORS 461.400, 461.410, 461.420, 461.430 & 461.440
Hist.: LOTT 12-2005(Temp), f. & cert. ef. 11-3-05 thru 4-30-06; LOTT 16-2005, f. 12-21-05, cert. ef. 12-31-05

177-036-0090

Late Offers, Withdrawals, and Modifications

Any Offer received after Closing is late. An Offeror's request for withdrawal or modification of an Offer received after Closing is late. The Lottery shall not consider late Offers, withdrawals or modifications except as permitted in OAR 177-036-0100.

Stat. Auth.: OR Const., Art. XV, ¦4(4) & ORS 461
Stats. Implemented: ORS 461.400, 461.410, 461.420, 461.430 & 461.440
Hist.: LOTT 12-2005(Temp), f. & cert. ef. 11-3-05 thru 4-30-06; LOTT 16-2005, f. 12-21-05, cert. ef. 12-31-05

177-036-0100

Mistakes

(1) General: To protect the integrity of the competitive procurement process and to assure fair treatment of Offerors, the Lottery shall carefully consider whether to permit waiver, correction, or withdrawal of Offers for certain mistakes.

(2) Lottery's Treatment of Mistakes: The Lottery shall not allow an Offeror to correct or withdraw an Offer for an error of judgment. If the Lottery discovers certain mistakes in an Offer after Closing, but before Award of the Contract, the Lottery may take the following action:

(a) Minor Informality: The Lottery may waive, or permit an Offeror to correct a minor informality. A minor informality is a matter of form rather than substance when it is evident on the face of the Offer, or an insignificant mistake that can be waived or corrected without prejudice to other Offerors. Examples of minor informalities include, but are not limited to, an Offeror's failure to:

(A) Return the correct number of Signed Offers or the correct number of other documents required by the Solicitation Document;

(B) Sign the Offer in the designated block, provided a Signature appears elsewhere in the Offer, evidencing an intent to be bound; and

(C) Acknowledge receipt of an Addendum to the Solicitation Document, provided that it is clear on the face of the Offer that the Offeror received the Addendum and intended to be bound by its terms; or the Addendum involved did not affect price, quality or delivery.

(b) Clerical Error: The Lottery may correct a clerical error if the error is evident on the face of the Offer or other documents submitted with the Offer, and the Offeror confirms the Lottery's correction in Writing. A clerical error is an Offeror's error in transcribing its Offer. Examples include typographical mistakes, errors in extending unit prices, transposition errors, arithmetical errors, and instances in which the intended correct unit or amount is evident by simple arithmetic calculations. In the event of a discrepancy, unit prices shall prevail over extended prices.

(c) Burden of Proof: The Lottery may permit an Offeror to withdraw an Offer based on one or more clerical errors in the Offer only if the Offeror shows with objective proof and by clear and convincing evidence:

(A) The nature of the error;

(B) That the error is not a minor informality under this subsection or an error of judgment;

(C) That the error cannot be corrected or waived under subsection (b) of this section;

(D) That the Offeror acted in good faith in submitting an Offer that contained the claimed error and in claiming that alleged error in the Offer exists;

(E) That the Offeror acted without gross negligence in submitting an Offer that contained a claimed error;

(F) That the Offeror will suffer substantial detriment if the Lottery does not grant the Offeror permission to withdraw the Offer;

(G) That the Lottery's status has not changed so significantly that relief from the forfeiture will work a substantial hardship on the Lottery; and

(H) That the Offeror promptly gave notice of the claimed error to the Lottery.

(d) Withdrawing Offers After Closing: The criteria in subsection (2)(c) of this rule shall determine whether the Lottery will permit an Offeror to withdraw its Offer after Closing. This criteria also shall apply to the question of whether the Lottery will permit an Offeror to withdraw without forfeiture of its Bid bond (or other Bid or Proposal security), or without liability to the Lottery based on the difference between the amount of the Offeror's Offer and the amount of the Contract actually Awarded by the Lottery, whether by Award to the next lowest Responsive and Responsible Bidder or the most Advantageous and Responsible Proposer, or by resort to a new solicitation.

(3) Rejection for Mistakes: The Lottery shall reject an Offer in which a mistake is evident on the face of the Offer and the intended correct Offer is not evident or cannot be substantiated from documents submitted with the Offer.

(4) Identification of Mistakes after Award: The procedures and criteria set forth above are Offeror's only opportunity to correct mistakes or withdraw Offers because of a mistake. Following Award, an Offeror is bound by its Offer, and may only withdraw its Offer or rescind a Contract entered into pursuant to this division 36 only to the extent as permitted by applicable law.

Stat. Auth.: OR Const., Art. XV, ¦4(4) & ORS 461
Stats. Implemented: ORS 461.400, 461.410, 461.420, 461.430 & 461.440
Hist.: LOTT 12-2005(Temp), f. & cert. ef. 11-3-05 thru 4-30-06; LOTT 16-2005, f. 12-21-05, cert. ef. 12-31-05

177-036-0110

Responsibility of Offerors

(1) General: Offerors are required to demonstrate their ability to perform satisfactorily under a Contract. The Lottery shall prepare a Written determination of non-Responsibility of an Offeror if the Offeror does not meet the standards of Responsibility.

(2) Considerations: In determining whether an Offeror has met the standards of Responsibility, the Lottery shall consider whether the Offeror:

(a) Business Qualifications: Has available the appropriate financial, material, equipment, facility, and personnel resources and expertise, or ability to obtain the resources and expertise, necessary to indicate the capability of the Offeror to meet all contractual responsibilities;

(b) Record of Performance: Has a satisfactory record of contract performance. The Lottery shall carefully scrutinize an Offeror's record of contract performance if the Offeror is or recently has been materially deficient in contract performance. In reviewing the Offeror's performance, the Lottery shall determine whether the Offeror's deficient performance was expressly excused under the terms of the contract, or whether the Offeror took appropriate corrective action. The Lottery may review the Offeror's performance on both private and public contracts in determining the Offeror's record of contract performance. The Lottery shall make its basis for determining an Offeror non-Responsible under this subsection part of the procurement file;

(c) Record of Integrity: Has a satisfactory record of integrity. An Offeror may lack integrity if the Lottery determines the Offeror demonstrates a lack of business ethics such as violation of state environmental laws or making of false certifications. The Lottery may find an Offeror non-Responsible based on the lack of integrity of any Person having influence or control over the Offeror (such as a key employee of the Offeror that has the authority to significantly influence the Offeror's performance of the Contract or a parent company, predecessor or successor Person). The Lottery shall make its basis for determining an Offeror non-Responsible under this subsection part of the procurement file;

(d) Legally Qualified: Is qualified legally to contract with the Lottery; and

(e) Necessary Information: Has supplied all necessary information in connection with the inquiry concerning Responsibility. If the Offeror fails to promptly supply information requested by the Lottery concerning Responsibility, the Lottery shall base the determination of Responsibility upon any available information, or may find the Offeror non-Responsible.

Stat. Auth.: OR Const., Art. XV, ¦4(4) & ORS 461
Stats. Implemented: ORS 461.400, 461.410, 461.420, 461.430 & 461.440
Hist.: LOTT 12-2005(Temp), f. & cert. ef. 11-3-05 thru 4-30-06; LOTT 16-2005, f. 12-21-05, cert. ef. 12-31-05

177-036-0115

Vendor Disclosure Requirements

Prospective Offerors shall comply with all disclosure requirements set forth in the Lottery's Vendor Disclosure Rules in OAR chapter 177, division 37.

Stat. Auth.: OR Const., Art. XV, ¦4(4) & ORS 461
Stats. Implemented: ORS 461.400, 461.410, 461.420, 461.430 & 461.440
Hist.: LOTT 12-2005(Temp), f. & cert. ef. 11-3-05 thru 4-30-06; LOTT 16-2005, f. 12-21-05, cert. ef. 12-31-05

177-036-0120

Offer Evaluation and Award

(1) Lottery Evaluation: The Lottery shall evaluate Offers only as set forth in the Solicitation Document and in accordance with applicable law. The Lottery shall not evaluate Offers using any other requirement or criterion.

(2) Clarification of Offers: After Closing, the Lottery may conduct discussions with apparent Responsive Bidders or Proposers for the purpose of clarification to assure full understanding of the Offer. The Lottery shall document clarification of any Offer in the procurement file.

(3) Preference for Oregon Goods and Services: The Lottery shall prefer Goods and Services that have been manufactured or produced in Oregon if price, fitness, availability, and quality are otherwise equal.

(a) Award When Offers Identical: When the Lottery receives Offers identical in price, fitness, availability and quality, and chooses to award a Contract, the Lottery shall award the Contract based on the following order of precedence:

(A) The Lottery shall award the Contract to the Offeror among those submitting identical offers that is offering Goods or Services that have been manufactured or produced in Oregon.

(B) If two or more Offerors submit identical Offers, and both offer Goods or Services manufactured or produced in Oregon, the Lottery shall award the Contract by drawing lots among the identical Offers offering Goods or Services that have been manufactured or produced in Oregon. The Offerors that submitted the identical Offers subject to the drawing of lots shall be given notice and an opportunity to be present when the lots are drawn.

(C) If the Lottery receives identical Offers, and none of the identical Offers offer Goods or Services manufactured or produced in Oregon, the Lottery shall award the Contract by drawing lots among the identical Offers. The Offerors that submitted the identical Offers subject to the drawing of lots shall be given notice and an opportunity to be present when the lots are drawn.

(b) Determining if Offers are Identical: The Lottery shall consider Offers identical in price, fitness, availability and quality as follows:

(A) Bids received in response to an Invitation to Bid are identical in price, fitness, availability and quality if the Bids are Responsive, and offer the Goods or Services described in the Invitation to Bid at the same price.

(B) Proposals received in response to a Request for Proposals are identical in price, fitness, availability and quality if they are Responsive and achieve equal scores when scored in accordance with the evaluation criteria set forth in the Request for Proposal.

(c) Determining if Goods or Services are Manufactured or Produced in Oregon: For the purposes of complying with section (3) of this rule, Lottery may request, either in a Solicitation Document, following Closing, or at any other time determined appropriate by the Lottery, any information the Lottery determines appropriate and necessary to allow the Lottery to determine if the Goods or Services are manufactured or produced in Oregon. The Lottery may use any reasonable criteria to determine if Good or Services are manufactured or produced in Oregon, provided that the criteria reasonably relate to that determination, and provided that the Lottery applies those criteria equally to each Bidder or Proposer.

(d) Procedure for Drawing Lots: In any instance when this section calls for the drawing of lots, the Lottery shall draw lots by a procedure that affords each Offeror subject to the drawing a substantially equal probability of being selected, and that does not allow the person making the selection the opportunity to manipulate the drawing of lots to increase the probability of selecting one Offeror over another.

(4) Negotiations: Except as permitted by section (2) of this rule, the Lottery shall not negotiate with any Bidder. The Lottery may conduct discussions or negotiate with Proposers in accordance with the process set forth in the Solicitation Document.

(5) Award:

(a) General: The Lottery shall Award the Contract to the Responsible Bidder submitting the lowest, Responsive Bid or the Responsible Proposer submitting the most Advantageous Responsible Proposal unless otherwise stated in the Solicitation Document. The Lottery may Award by item, groups of items or the entire Offer provided such Award is consistent with the Solicitation Document and in the best interest of the Lottery as determined by the Lottery.

(b) Multiple Items: A Solicitation Document may call for pricing of multiple items of similar or related type with Award based on individual line item, group total of certain items, a "market basket" of items representative of the Lottery's expected purchases, or grand total of all items.

(c) Multiple Awards: Notwithstanding subsection (5)(a) of this rule, the Lottery may Award multiple Contracts in accordance with the criteria set forth in the Solicitation Document. If a Solicitation Document permits the Award of multiple Contracts, the Lottery shall specify in the Solicitation Document the criteria it will use to choose from the multiple Contracts when purchasing Goods or Services. A notice to prospective Offerors that multiple Contracts may be Awarded for any Solicitation Document shall not preclude the Lottery from Awarding a single Contract for such Solicitation Document.

(d) Partial Awards: If after evaluation of Offers, the Lottery determines that an acceptable Offer has been received for only part of the requirements of the Solicitation Document:

(A) The Lottery may Award a Contract for the part of the Solicitation Document for which acceptable Offers have been received; or

(B) The Lottery may reject all Offers and may issue a new Solicitation Document on the same or revised terms, conditions and Specifications.

(e) All or None Offers: The Lottery may Award all or none Offers if the evaluation criteria specifies an all or none Award to be the lowest cost for Bids or the most Advantageous for Proposals of those submitted.

Stat. Auth.: OR Const., Art. XV, ¦4(4) & ORS 461
Stats. Implemented: ORS 461.400, 461.410, 461.420, 461.430 & 461.440
Hist.: LOTT 12-2005(Temp), f. & cert. ef. 11-3-05 thru 4-30-06; LOTT 16-2005, f. 12-21-05, cert. ef. 12-31-05

177-036-0130

Notice of Intent to Award

At least seven Days before the Award of a Contract as a Large Procurement, the Lottery shall provide all Offerors Written notice of the Lottery's intent to Award a Contract, unless the Lottery determines that circumstances require prompt execution of the Contract, in which case the Lottery may provide a shorter notice period.

Stat. Auth.: OR Const., Art. XV, ¦4(4) & ORS 461
Stats. Implemented: ORS 461.400, 461.410, 461.420, 461.430 & 461.440
Hist.: LOTT 12-2005(Temp), f. & cert. ef. 11-3-05 thru 4-30-06; LOTT 16-2005, f. 12-21-05, cert. ef. 12-31-05

177-036-0140

Availability of Award Decisions

(1) Contract Documents: To the extent required by the Solicitation Document, the Lottery shall deliver to the successful Offeror a Contract, Signed purchase order, or other agreements as applicable.

(2) Availability of Award Decisions: A Person may obtain tabulations of Awarded Bids or evaluation summaries of Proposals by submitting a form provided by the Lottery. In addition, the Lottery may make available tabulations of Bids and Proposals through an electronic procurement system.

Stat. Auth.: OR Const., Art. XV, ¦4(4) & ORS 461
Stats. Implemented: ORS 461.400, 461.410, 461.420, 461.430 & 461.440
Hist.: LOTT 12-2005(Temp), f. & cert. ef. 11-3-05 thru 4-30-06; LOTT 16-2005, f. 12-21-05, cert. ef. 12-31-05

177-036-0150

Cancellation, Rejection, and Delay of a Solicitation

(1) General: Any procurement described in a Solicitation Document may be cancelled, or any or all Offers may be rejected in whole or in part, 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 must be made a part of the solicitation file. The Lottery is not liable to any Offeror for any loss or expense caused by or resulting from the cancellation or rejection of a Solicitation Document, Offer, or Award.

(2) Offer Findings: The Lottery shall reject an Offer upon the Lottery's finding that the Offer:

(a) Is contingent upon the Lottery's acceptance of terms and conditions (including Specifications) that differ from the Solicitation Document;

(b) Takes exceptions to terms and conditions (including Specifications) set forth in the Solicitation Document;

(c) Attempts to prevent public disclosure of matters in contravention of the terms and conditions of the Solicitation Document or in contravention of applicable law;

(d) Offers Goods or Services that fail to meet the Specifications of the Solicitation Document;

(e) Is late;

(f) Is not in substantial compliance with the Solicitation Document requirements; or

(g) Is not in substantial compliance with all prescribed public procurement procedures.

(3) Offeror Findings: The Lottery shall reject an Offer upon the Lottery's finding that the Offeror:

(a) Has been debarred pursuant to OAR 177-036-0210;

(b) Has not properly executed Bid or Proposal security as required by the Solicitation Document; or

(c) Is non-Responsible as defined in OAR 137-036-0110.

(4) Disposition of Offers:

(a) Prior to Closing: If the Lottery cancels a procurement prior to Closing, the Lottery shall return all Offers it received to Offerors unopened, provided the Offeror submitted its Offer in a hard copy format with a clearly visible return address. If there is no return address on the envelope, the Lottery shall open the Offer to determine the source and then return it to the Offeror.

(b) After Closing: If the Lottery cancels a procurement after Closing, the Lottery shall keep the Offers in the procurement file.

(c) Rejection of All Offers: If the Lottery rejects all Offers, the Lottery shall keep all Offers in the procurement file.

Stat. Auth.: OR Const., Art. XV, ¦4(4) & ORS 461
Stats. Implemented: ORS 461.400, 461.410, 461.420, 461.430 & 461.440
Hist.: LOTT 12-2005(Temp), f. & cert. ef. 11-3-05 thru 4-30-06; LOTT 16-2005, f. 12-21-05, cert. ef. 12-31-05

177-036-0160

Request for Change or Clarification of Large Procurements

(1) Purpose: A prospective Offeror may request changes or clarifications to the procurement process or the Solicitation Document for Large Procurements.

(2) Delivery: Unless otherwise specified in the Solicitation Document, a prospective Offeror must deliver a request for change or clarification in Writing to the Lottery no less than ten Days prior to Closing.

(3) Content: A prospective Offeror's request for change or clarification shall include a statement of the desired changes or clarification to the Procurement process or the Solicitation Document that the prospective Offeror believes will remedy the conditions upon which the prospective Offeror has based its request.

(4) Lottery's Response: The Lottery shall not consider a Prospective Offeror's request submitted after the deadline established for submitting such request under this rule, or such different time as may be provided in the Solicitation Document. The Lottery shall consider the request if it is timely filed and meets the conditions set forth in this rule. The Lottery shall issue a Written disposition of the request. If the Lottery upholds the request, in whole or in part, the Lottery may in its sole discretion either issue an Addendum reflecting its disposition or cancel the Solicitation Document.

(5) Extension of Closing: If the Lottery receives a request from a prospective Offeror in accordance with this rule, the Lottery may extend Closing if the Lottery determines an extension is necessary to consider and respond to the request.

(6) Clarification: Prior to the deadline for submitting a request, a prospective Offeror may request that the Lottery clarify any provision of the Solicitation Document. The Lottery's clarification to an Offeror, whether orally or in Writing, does not change the Solicitation Document and is not binding on the Lottery unless the Lottery amends the Solicitation Document by Addendum.

Stat. Auth.: OR Const., Art. XV, ¦4(4) & ORS 461
Stats. Implemented: ORS 461.400, 461.410, 461.420, 461.430 & 461.440
Hist.: LOTT 12-2005(Temp), f. & cert. ef. 11-3-05 thru 4-30-06; LOTT 16-2005, f. 12-21-05, cert. ef. 12-31-05

177-036-0170

Award Protests of Large Procurements

(1) Purpose: An Offeror may protest Lottery's intent to Award of a Contract as a Large Procurement.

(2) Delivery: An Offeror must deliver the protest to the Lottery no later than five Days after the date of issuance of intent to Award the Contract, unless otherwise stated in the Solicitation Document.

(3) Content of Protest: All protests must be in Writing and signed by the Offeror. The protest must state all facts and arguments on which the Offeror is basing the protest. The protest must claim, and state facts which substantiate a claim, that:

(a) All lower Bids or higher ranked Proposers are ineligible to receive the Contract Award because they are non-Responsive; or

(b) The Lottery committed a material violation of a provision in the Solicitation Document or of an applicable statute or administrative rule, and but for the alleged material violation, Offeror would have been the lowest Bidder or highest ranked Proposer.

(4) The Lottery's Response: The Lottery's Procurement and Contract Manager shall review the protest and shall fax and mail the Offeror a Written decision within three Days of receipt of the Written protest to the fax number and address provided in the Offer. Any Written decision from the Lottery may include the Lottery's final opinion of the protest, a notice to the Offeror that the Lottery needs additional time in which to evaluate the protest, or other information to the Offeror.

(5) Appeal:

(a) Appeal to the Director:

(A) If the Lottery Procurement and Contract Manager's decision is adverse to the Offeror, the Offeror may appeal the Lottery Procurement and Contract Manager's decision by submitting a Written appeal to the Director within three Days after the date of issuance of the Lottery Procurement and Contract Manager's Written decision.

(B) The Director shall review any appeal of the Lottery Procurement and Contract Manager's decision and shall fax and mail a Written decision to the Offeror within three Days of receipt of the Written appeal to the fax number and address provided in the Offer. The Director will not consider grounds or arguments in favor of the protest that were not first presented to the Lottery Procurement and Contract Manager.

(b) Appeal to Lottery Commission:

(A) If the decision of the Director is adverse to the Offeror, the Offeror may submit a subsequent Written appeal of the Director's decision to the Lottery Commission by delivering the subsequent Written appeal to the Director within two Days after the date of issuance of the Director's Written decision.

(B) The Lottery Commission, in considering the appeal, shall review the documentation presented to the Lottery Procurement and Contract Manager and the Director, and thereafter, shall base its decision on such material. The Lottery Commission shall respond to the appeal on or before the next regularly scheduled Commission meeting, but in no event shall the Lottery Commission be required to review and respond to the appeal in less than ten Days of receipt of the Written appeal. The Lottery Commission will not consider grounds or arguments in favor of the appeal that were not first presented to the Lottery Procurement and Contract Manager. The Lottery Commission will not review and rescore the evaluation scores.

(6) Late Submission: The Lottery shall not consider an Offeror's protest or appeal submitted after the timelines established for submitting such protest or appeal under this rule or such different time period as may be provided in the Solicitation Document. If the Lottery upholds the protest, in whole or in part, it may in its sole discretion either Award the Contract to the successful protestor or cancel the solicitation.

Stat. Auth.: OR Const., Art. XV, ¦4(4) & ORS 461
Stats. Implemented: ORS 461.400, 461.410, 461.420, 461.430 & 461.440
Hist.: LOTT 12-2005(Temp), f. & cert. ef. 11-3-05 thru 4-30-06; LOTT 16-2005, f. 12-21-05, cert. ef. 12-31-05

177-036-0180

Contract Amendments

(1) Additional Goods or Services: The Lottery may amend a Contract without additional competition to add additional Goods or Services within the Scope of the Solicitation Document, or if no Solicitation Document, the Contract, subject to the following conditions:

(a) The additional Goods or Services are required by reason of existing or new laws, rules, regulations, or ordinances that affect the performance of the original Contract; or

(b) The prices for the Goods or Services are modified only as follows:

(A) When prices for the Goods or Services are based on unit prices, unit prices that establish the cost basis for the additional Goods or Services were provided in the Offer or original Contract and those prices do not increase except as permitted by an escalation clause in the Contract; or

(B) When prices for the Goods or Services are not based on unit prices, options that establish the cost basis for the additional Goods or Services were provided in the Solicitation Document, Offer, or original Contract.

(2) Renegotiated Contract: The Lottery may renegotiate the terms and conditions, including the Contract Price, of a Contract without additional competition and amend a Contract if it is Advantageous to the Lottery subject to the following conditions:

(a) The amended Contract is within the Scope of the Solicitation Document, or if no Solicitation Document, within the Scope the Contract;

(b) The Lottery must determine that, with all things considered, the renegotiated Contract is at least as favorable to the Lottery as the original Contract; and

(c) The renegotiated Contract will not have a total term greater than allowed in the original Solicitation Document or Contract after combining the initial and extended terms.

(d) If a Contractor offers a lower price in exchange for a term or condition that was expressly rejected in the original solicitation, the amended Contract may be structured with this changed term as an optional, but not as a mandatory Contract term.

(e) If the Contract is the result of a cooperative procurement under ORS 279A.200 through 279A.225, the amended Contract may not materially change the terms, conditions, and prices of the original Contract.

(3) Small or Intermediate Contract: The Lottery may amend a Contract Awarded as a small or intermediate procurement pursuant to sections (1) or (2) of this rule, but the cumulative amendments shall not increase the total Contract Price to a sum that is greater than twenty-five percent of the original Contract Price, unless the amendment increasing the original Contract Price to more than twenty-five percent of the original Contract Price is approved in Writing by the Director prior to execution of the amendment.

(4) Emergency Contract: The Lottery may amend a Contract Awarded as an Emergency procurement if the Emergency justification for entering into the Contract still exists, and the amendment is necessary to address the continuing Emergency.

Stat. Auth.: OR Const., Art. XV, ¦4(4) & ORS 461
Stats. Implemented: ORS 461.400, 461.410, 461.420, 461.430 & 461.440
Hist.: LOTT 12-2005(Temp), f. & cert. ef. 11-3-05 thru 4-30-06; LOTT 16-2005, f. 12-21-05, cert. ef. 12-31-05

177-036-0190

Cooperative Procurements

The Lottery may participate in, sponsor, conduct, or administer cooperative procurements pursuant to ORS 279A.200 through 279A.225.

Stat. Auth.: OR Const., Art. XV, ¦4(4) & ORS 461
Stats. Implemented: ORS 461.400, 461.410, 461.420, 461.430 & 461.440
Hist.: LOTT 12-2005(Temp), f. & cert. ef. 11-3-05 thru 4-30-06; LOTT 16-2005, f. 12-21-05, cert. ef. 12-31-05

177-036-0210

Debarment of Prospective Offerors

(1) General: The Lottery may debar a prospective Offeror from consideration for Award of Lottery Contracts for the reasons listed in section (2) of this rule after providing the prospective Offeror with notice and a reasonable opportunity to be heard.

(2) Factors for Consideration: A prospective Offeror may be debarred from consideration for Award of Lottery Contracts if:

(a) The prospective Offeror has committed a violation of a material Contract provision. A violation may include but is not limited to a failure to perform the terms of a Contract or an unsatisfactory performance in accordance with the terms of the Contract. However, a failure to perform or unsatisfactory performance caused by acts beyond the control of the Contractor may not be considered to be a basis for debarment.

(b) The prospective Offeror has been convicted of a criminal offense resulting from obtaining or attempting to obtain a public or private contract or subcontract or resulting from the performance of such contract or subcontract.

(c) The prospective Offeror has been convicted under state or federal statutes of embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property or any other offense indicating a lack of business integrity or business honesty that currently, seriously and directly affects the prospective Offeror's responsibility as a contractor or that the Lottery determines may affect the honesty, fairness, integrity or security of the Lottery or any Lottery games.

(d) The prospective Offeror has been convicted under state or federal antitrust statutes.

(e) The prospective Offeror does not carry worker's compensation or unemployment insurance as required by statute.

(3) Period of Debarment: The Lottery shall determine the period of debarment of a prospective Offeror, however the period shall not exceed three years.

(4) Responsibility: Notwithstanding the limitation on the term for debarment in section (3), the Lottery may determine that a previously debarred Offeror is not Responsible prior to Contract Award.

(5) Imputed Knowledge: The Lottery may attribute improper conduct of a Person or its affiliate or affiliates having a contract with a prospective Offeror to the prospective Offeror for purposes of debarment where the impropriety occurred in connection with the Person's duty for on behalf of, or with the knowledge, approval, or acquiescence of, the prospective Offeror.

(6) Limited Participation: The Lottery may allow a debarred Person to participate in a competitive process and Contracts on a limited basis during the debarment period upon Written determination by the Director that participation is Advantageous to the Lottery. The determination shall specify the factors on which it is based and define the extent of the limits imposed.

(7) Decision:

(a) The Lottery shall issue a Written decision to debar a prospective Offeror under this rule. The decision must:

(A) State the reasons for the debarment; and

(B) Inform the debarred prospective Offeror of the appeal rights of the prospective Offeror under section (8) of this rule.

(b) The Lottery shall send a copy of the decision immediately to the debarred prospective Offeror by certified mail, return receipt requested, or by personal service.

(8) Appeal:

(a) The procedure for appeal from the Lottery's debarment of a prospective Offeror under this rule, shall be in accordance with this section and is not subject to ORS Chapter 183 except when specifically provided by this section.

(b) Upon receipt of a notice from the Lottery of a decision to debar under this rule, a prospective Offeror that wishes to appeal the decision shall, within three business days after receipt of the decision, notify the Lottery Director that the prospective Offeror appeals the decision and requests a hearing as provided in this section.

(c) Upon receipt of the prospective Offeror's notice of appeal and request for hearing, the Lottery Director shall promptly notify the prospective Offeror appealing of the time and place of the hearing. The Director shall conduct the hearing and decide the appeal within thirty Days after receiving the notice from the prospective Offeror. The Director shall set forth in Writing the reasons for the hearing decision.

(d) At the hearing, the Director shall consider de novo the notice of debarment, the reasons listed in section (2) of this rule on which the Lottery based the debarment, and any evidence provided by the Lottery and the prospective Offeror. In all other respects, a hearing before the Director shall be conducted in the same manner as a contested case under ORS 183.415(3) to (6) and (9), 183.425, 183.440, 183.450, and 183.452. The hearing shall not be considered a contested case hearing under ORS Chapter 183 in any other respects.

(e) The prospective Offeror may seek judicial review of the Director's decision as set forth in ORS 183.484 for orders other than contested cases.

Stat. Auth.: OR Const., Art. XV, ¦4(4) & ORS 461
Stats. Implemented: ORS 461.400, 461.410, 461.420, 461.430 & 461.440
Hist.: LOTT 12-2005(Temp), f. & cert. ef. 11-3-05 thru 4-30-06; LOTT 16-2005, f. 12-21-05, cert. ef. 12-31-05

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