OAR 813-006-0040: Discretionary Waiver

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.