The Director may waive, suspend, or modify any term or provision of OAR 813, including terms and provisions of the Model Rules that the Department has adopted, unless such waiver, suspension, or modification would violate applicable federal or state law. The Director’s discretionary waiver does not apply to any procurements subject to the Public Contracting Code as provided in ORS 279A.050(6)(g). The Department’s use of this waiver is intended to be limited in order to promote fair and open competition except in circumstances where the Director determines that the need for an alternative procurement process outweighs the public interest in a competitive procurement process.

Statutory/Other Authority

279A.065(6), 456.555(8) & 456.625(19)

Statutes/Other Implemented

456.625(18), 456.625(19) & 458.315(3)

History

OHCS 31-2025, minor correction filed 07/09/2025, effective 07/09/2025
OHCS 44-2024, amend filed 10/30/2024, effective 11/01/2024
OHCS 10-2024, temporary amend filed 05/21/2024, effective 05/22/2024 through 11/17/2024
OHCS 24-2013, f. & cert. ef. 12-18-13
OHCS 12-2013(Temp), f. & cert. ef. 6-21-13 thru 12-18-13