Or. Admin. Code § 125-246-0330 - Supplier Requirements
(1)
Requirements to Transact Business in Oregon.
(a) A Contractor who is a corporation,
partnership, or who has an assumed business name must be registered with the
Secretary of State Office in accordance with ORS Chapters 58, 60, 62, 63, 65,
67, 70, and 648. This registration is the obligation of the Contractor, not the
Agency.
(b) In addition, for
Contracts requiring the services of one or more architects, engineers, and land
surveyors, these Consultants must be registered with the appropriate licensing
boards under the provisions of ORS 671.020, 672.020, and 672.025.
(c) The statutory requirements for
contracting firms to register with the Secretary of State's Office may be
subject to a limited number of exceptions under federal law. For example,
national banks, when they contract with Authorized Agencies, are not subject to
the registration requirement.
(d)
The Contractor or Consultant must be registered at the time of the execution of
the Contract and during the entire term of the Contract.
(2) Tax Compliance.
(a) No Contract or other agreement for more
than $1,000 may be entered into, renewed or extended with any Person unless the
Person certifies in Writing, under penalty of perjury, that the Person is not
in violation of any tax laws in accordance with ORS 305.380(4), and 305.385(6)
and (7).
(b) Agency must determine
that a Bidder or Proposer is responsible under ORS 279B.110, OAR 125-247-0500
and 125-247-0640. In order to make this determination, a Bidder or Proposer
must demonstrate to the Agency that the Bidder or Proposer has complied with
the tax laws of this state or a political subdivision of this state, including
ORS 305.620 and ORS chapters 316, 317 and 318, any tax provisions imposed by a
political subdivision that apply to the Offeror or to the performance of the
Contract, and any rules and regulations that implement or enforce those tax
laws. The Bidder or Proposer must demonstrate compliance by attesting in
Writing, that the Bidder or Proposer has complied with the tax laws of this
state or a political subdivision of this state, including ORS 305.620 and ORS
chapters 316, 317 and 318, any tax provisions imposed by a political
subdivision that apply to the Offeror or to the performance of the Contract,
and any rules and regulations that implement or enforce those tax laws.
(Attestation).
(A) Agency may determine which
Bidder or Proposer must submit an Attestation and the timing and manner of the
submittal.
(B) Agency may allow the
Bidder or Proposer to electronically transmit the Attestation, and Agency may
maintain the electronically transmitted Attestation in lieu of the original
Attestation.
(C) A Contracting
Agency may exercise discretion in determining whether a particular form of
attesting to compliance with the tax laws is "credible and convenient" under
ORS 279B.110(2)(e), taking into consideration the circumstances in which the
Attestation is made and the consequences of making a false Attestation.
Therefore, a Contracting Agency may find acceptable forms of Attestation that
range from a notarized statement to a less formal document that records the
Offeror's Attestation. However, State Contracting Agencies may not accept the
certificate of compliance with tax laws required by ORS 305.385 unless that
certificate embraces, in addition to the tax laws described in ORS 305.380, the
tax laws of political subdivisions.
(D) An Attestation attests to the Bidder or
Proposer's current compliance with tax laws. During the period Bidder or
Proposer is in compliance, a Bidder or Proposer may submit a copy of the same
Attestation to multiple Agencies or for multiple Invitations to Bid or Requests
for Proposals, and an Agency is not required to obtain a new original
Attestation from a Bidder or Proposer for each Procurement.
(E) The Bidder or Proposer is responsible for
determining whether the Bidder or Proposer is in compliance with tax laws. If
applicable, compliance with tax laws may not require payment of taxes.
(3) Net
Neutrality.
(a) Definitions. For purposes of
this section, the following terms are defined in Oregon Laws 2018, Chapter 88
(HB 4155) and mean:
(A) "Broadband Internet
access service":
(i) A mass-market retail
Internet access service provided by wire or radio that enables a person to
transmit data to or receive data between the person's customer premises
equipment, including mobile devices, and all, or substantially all, Internet
endpoints;
(ii) Any service that
the Public Utility Commission finds is providing a service that is the
functional equivalent of the service described in sub-subparagraph (i) of this
subparagraph; or
(iii) Any service
that is incidental to or that enables the operation of the service described in
sub-subparagraph (i) of this subparagraph.
(B) "Broadband Internet access service" does
not include dial-up Internet access service.
(C) "Broadband Internet access service
provider" means a person or Public Body that provides broadband Internet access
service.
(D) "Content, applications
or services" means all traffic transmitted to or from end users of a broadband
Internet access service.
(E) "Edge
provider" means any person that provides content, applications or services over
the Internet, and any person that provides a device used for accessing content,
applications or services over the Internet.
(F) "End user" means any person that uses a
broadband Internet access service.
(G) "Fixed broadband Internet access service"
means broadband Internet access service that serves end users primarily at
fixed endpoints using stationary equipment, including fixed satellite services
and licensed and unlicensed fixed wireless services.
(H) "Mobile broadband Internet access
service" means broadband Internet access service that serves end users
primarily using mobile stations.
(I) "Nonharmful device" means a device the
Public Utility Commission determines by rule to be nonharmful to broadband
Internet access services.
(J) "Paid
prioritization" means a broadband Internet access service provider's management
of its network to directly or indirectly favor some traffic over other traffic,
including through traffic shaping, prioritization, resource reservation or
other forms of preferential traffic management, either in exchange for
consideration from a third party or to benefit an affiliated entity.
(K) "Public Body" is defined in ORS 174.109,
and means state government bodies, local government bodies, and special
government bodies.
(b)
Except as provided in subsection (d) below, no Public Body, as defined in ORS
174.109, may contract with, or enter into a renewal or extension of an existing
contract with, a broadband internet access service provider that, at any time
on or after January 1, 2019:
(A) Engages in
paid prioritization;
(B) Blocks
lawful content, applications or services or nonharmful devices;
(C) Impairs or degrades lawful Internet
traffic for the purpose of discriminating against or favoring certain Internet
content, applications or services or the use of nonharmful devices;
(D) Unreasonably interferes with or
unreasonably disadvantages an end user's ability to select, access and use the
broadband Internet access service or lawful Internet content, applications or
services or devices of the end user's choice; or
(E) Unreasonably interferes with or
unreasonably disadvantages an edge provider's ability to make devices or lawful
content, applications or services available to end users.
(c) For the purposes of this Rule, a Public
Body contracts with a broadband internet access service provider if the Public
Body procures, or provides funding for the procurement of, broadband internet
access service, including fixed broadband internet access service or mobile
broadband internet access service, from the broadband internet access service
provider.
(d) Notwithstanding
subsection (b) of this Rule, a Public Body may contract with a broadband
internet access service provider that:
(A) Is
the sole provider of fixed broadband internet access service to the geographic
location subject to the contract;
(B) Engages in any of the activities
described in subsection (3)(b) of this Rule in the process of addressing
copyright infringement or other unlawful activity or the needs of emergency
communications, law enforcement, public safety or national security
authorities;
(C) Engages in paid
prioritization if the Public Utility Commission determines that the broadband
Internet access service provider's paid prioritization provides significant
public interest benefits and does not harm the open nature of the provided
broadband Internet access service;
(D) Engages in any activities described in
subsection (3)(b) to (d) of this section if the Public Utility Commission
determines that the broadband Internet access service provider's engagement in
the activity is reasonable network management. An activity is reasonable
network management if the activity:
(i) Has a
technical network management justification;
(ii) Does not include other business
practices; and
(iii) Is narrowly
tailored to achieve a legitimate network management purpose, taking into
account the particular network architecture and technology of the broadband
Internet access service; or
(E) Engaged in any of the activities
described in subsection (b) of this section at any time on or after January 1,
2019 if:
(i) The broadband Internet access
service provider certifies in a Signed Writing that it has ceased engaging in
all of the activities described in subsection (b) of this section;
and
(ii) The Public Utility
Commission determines that allowing a Public Body to contract with the
broadband Internet access service provider provides significant public interest
benefits.
(e) A
broadband Internet access service provider engaged in the provision of
broadband Internet access service to a Public Body must publicly disclose
information regarding the provider's network management practices and
performance characteristics and the commercial terms of the provider's
broadband Internet access service sufficient for end users to verify that the
service is provided in compliance with Oregon Laws 2018, Chapter 88 (HB 4155),
applicable Public Utility Commission rules, and this Rule.
(f) The Legislative Assembly has directed the
Public Utility Commission to specify, by rule, the manner and form in which
provider disclosures must be made.
(g) A broadband Internet access service
provider that is engaged in or may engage in the provision of broadband
Internet access service to a Public Body must certify in a Signed Writing that
it is in compliance with Oregon Laws 2018, Chapter 88 (HB 4155) and applicable
Public Utility Commission rules, and will remain in compliance throughout the
term of the Public Body Contract.
(4) Debt Collection.
(a) Definitions. For purposes of this
section:
(A) "State Agency" means any agency
within the Executive Department as defined in ORS 174.112, other than the
Oregon Secretary of State, Oregon State Treasury, Oregon Department of Justice,
and Oregon Bureau of Labor and Industries.
(B) "Liquidated Debt" is defined in the
Oregon Accounting Manual number 35.30.30.
(C) "Delinquent Debt" is a receivable for
which payment has not been received by the due date.
(b) State Agencies must consider, where
appropriate, Liquidated Debt and Delinquent Debt owed to the State when
evaluating vendors on state Price Agreements, when issuing Purchase Orders or
similar ordering documents, or when entering into new Contracts with vendors
when the Contract value exceeds $150,000, to the extent not prohibited by
law.
(c) State Agencies, to the
extent not prohibited by law, must include in Public Contracts provisions that
allow State Agencies to recoup Liquidated Debt and Delinquent Debt owed by
vendors to any State Agency.
(d)
Subject to policies established by DAS, State Agencies must make efforts to
recover Liquidated Debt and Delinquent Debt from entities to which State
Agencies are remitting significant payments.
(5) Protected Class Pay Equity Law.
(a) Any person employing one or more
employees must comply with ORS 652.210 and 652.220, and may not discriminate on
the basis of any protected class.
(b) Every Public Contract subject to ORS 279B
or 279C must provide that: the Contractor must comply with ORS 652.220, that
compliance is a material element of the Contract and that a failure to comply
is a breach that entitles the Contracting Agency to terminate the Contract for
cause.
(c) As used in this
subsection: "Protected class" is defined by ORS 652.210 and means a group of
persons distinguished by race, color, religion, sex, sexual orientation,
national origin, marital status, veteran status, disability or age.
(6) Gender Pay Equity Certificate.
An Offeror in any State Contracting Agency procurements must demonstrate to the
Agency that the Offeror possesses an unexpired certificate, issued by the
Oregon Department of Administrative Services in accordance with ORS 279A.167,
if the Offeror employs 50 or more full-time workers at the time of the Closing
and the estimated Contract price exceeds $500,000. Unless the certificate
provides otherwise, the certificate shall be unexpired for a period of three
years from the date issued.
(7) If
an Offeror, at or before the execution of the Public Contract, demonstrates
that the Offeror possesses an unexpired certificate, issued by the Oregon
Department of Administrative Services in accordance with ORS 279A.167, this
shall satisfy both subsections (5) and (6) of the rule.
(8) Policy And Practice Preventing Sexual
Harassment, Sexual Assault And Discrimination Against Members of a Protected
Class; Notice; Exceptions.
(a) Except as
provided in subsection (4)(f) of this Rule, no State Contracting Agency may
enter into a Public Contract with an anticipated Contract Price, including all
amendments, of $150,000 or more, with a prospective Contractor unless that
Contractor certifies in a Signed Writing that the prospective Contractor has a
policy and practice of preventing:
(A) sexual
harassment;
(B) sexual assault;
and
(C) discrimination against
employees who are members of a protected class.
(b) The Contractor's policy and practice must
include, at a minimum:
(A) A Written notice
to each employee that clearly prohibits and specifies disciplinary measures for
conduct that constitutes sexual harassment, sexual assault, or discrimination
against a member of a protected class;
(B) A clear process that:
(i) Enables an employee that experiences or
witnesses conduct that constitutes sexual harassment, sexual assault or
discrimination against a member of a protected class to report and stop the
conduct; and
(ii) Guides the
prospective Contractor in responding to the report, resolving the issues
identified in the report, and disciplining employees who engage in prohibited
conduct;
(C) A regular
Written procedure for submitting a report that identifies the specific
individuals to whom an employee may submit the report and the individuals who
have responsibility for resolving issues identified in the report;
(D) A practice of treating as confidential,
to the extent permitted by law, any report that an employee makes under the
Contractor's policy and practice;
(E) A prohibition against retaliating against
an employee who experiences; witnesses, or reports, conduct that constitutes
sexual harassment, sexual assault or discrimination against a member of a
protected class;
(F) A prohibition
against discrimination in providing benefits to an employee or a dependent of
the employee based on the employee's membership in a protected class or the
membership of the employee's dependent in a protected class; and
(G) A prohibition on denying benefits to an
employee or a dependent of the employee based solely on the employee's gender
identity or the gender identity of the employee's dependent, if the prospective
Contractor provides health insurance or health care benefits.
(c) A prospective Contractor may
provide the required Written notice by means of a printed or electronic
employee handbook.
(d) The
Department may develop and make available on the Department's website an
electronic template or other guidance for prospective Contractors in meeting
these notice requirements. The Department may provide suggested language,
forms, or other guidance to help enable prospective Contractors to satisfy the
requirements of this Rule, or may approve any part or all of a Contractor's
policy and practice that the Department may determine meets the requirements of
this Rule.
(e) A Public Contract
with a Contract Price of $150,000 or more must include as a material term of
the Public Contract that the Contractor certify in Writing:
(A) that the Contractor has a policy and
practice that meets the requirements of this Rule, and
(B) that the Contractor will maintain the
policy and practice in force during the entire term of the Public
Contract.
(f) A State
Contracting Agency may enter into a Public Contract described in this Rule with
a prospective Contractor that has not provided the Written certification if:
(A) The State Contracting Agency conducted
the procurement under ORS 279B.075, 279B.080 or 279B.085; or
(B) Only one prospective Contractor submitted
a bid or proposal in response to the State Contracting Agency's solicitation.
(g) As used in this
subsection:
(A) "Discrimination" means conduct
that has the purpose or effect of creating employment conditions for an
individual that are intimidating, hostile or offensive or that show animosity,
resentment, anger, prejudice or ill will to others primarily because of the
individual's identification with or membership in a protected class.
(B) "Protected class" means a group of people
that state or federal law protects from employment discrimination including,
but not limited to, a group in which membership depends on an ascribed
association or identification, or an individual's voluntary association or
identification with other individuals, on the basis of one or more of these
characteristics:
(i) Race, color or
ethnicity;
(ii) National
origin;
(iii) Sex;
(iv) Gender, including actual or perceived
gender identity;
(v) Sexual
orientation;
(vi)
Disability;
(vii) Age;
(viii) Marital status; or
(ix) Religion.
(C) "Sexual assault" means any unwanted
sexual contact, as defined in ORS 163.305.
(D) "Sexual harassment" means:
(i) A request or demand for sexual favors in
an implicit or explicit exchange for an employment-related benefit or as a
means of avoiding an employment-related detriment; or
(ii) Unwelcome conduct of a sexual nature
that has the purpose or effect of interfering with a person's ability to
perform job duties or that creates an intimidating, offensive or hostile work
environment.
Notes
Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070
Statutes/Other Implemented: ORS 279A.167, 279A.140, 279B.110(1), 279C.105(1), ORS 279A.112, Or Laws 2018, ch 88 (HB 4155) & Governor's Executive Order 17-09
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