Oregon Administrative Code

137-046-0470 Protests and Disputes (1) An Offeror or potential Offeror wishing to protest the procurement process, the contents of a solicitation document related to a Cooperative Procurement or the award or proposed award of an Original Contract shall make the protest in accorda…

137-046-0480 Contract Amendments A Purchasing Contracting Agency may amend a Contract entered into pursuant to a Cooperative Procurement as set forth in OAR 137-047-0800. Statutory/Other Authority: ORS 279A.065 Statutes/Other Implemented: ORS 279A.065 History: DOJ 20-2005, f. 12-…

137-046-0500 Repealed Rules As required by Or Laws 2003, Chapter 794, Section 334, OAR 137-030-0000, 137-030-0005, 137-030-0006, 137-030-0008, 137-030-0010, 137-030-0011, 137-030-0012, 137-030-0013, 137-030-0014, 137-030-0015, 137-030-0020, 137-030-0030, 137-030-0035, 137-030-004…

137-047-0000 Application These division 47 rules implement ORS Chapter 279B, Public Procurements and apply to the Procurement of Goods and Services. State Contracting Agencies shall also procure Personal Services, except for Architectural, Engineering, Land Surveying and Related …

137-047-0100 Definitions (1) "Advantageous" means in the Contracting Agency's best interests, as assessed according to the judgment of the Contracting Agency. (2) "Affected Person" or "Affected Offeror" means a Person whose ability to participate in a Procurement is adversely aff…

137-047-0250 Source Selection (1) Except as permitted by ORS 279B.065 through 279B.085 and 279A.200 through 279A.225, a Contracting Agency shall Award a Contract for Goods or Services, or both based on Offers received in response to either competitive sealed Bids pursuant to 279B…

137-047-0255 Competitive Sealed Bidding (1) Generally. A Contracting Agency may procure Goods or Services by competitive sealed bidding as set forth in ORS 279B.055. An Invitation to Bid is used to initiate a competitive sealed bidding solicitation and shall contain the informati…

137-047-0257 Multistep Sealed Bidding (1) Generally. A Contracting Agency may procure Goods or Services by using multistep sealed bidding under ORS 279B.055(12). (2) Phased Process. Multistep sealed bidding is a phased Procurement process that seeks information or unpriced submit…

137-047-0260 Competitive Sealed Proposals (1) Generally. A Contracting Agency may procure Goods or Services by competitive sealed Proposals as set forth in ORS 279B.060. A Contracting Agency shall use a Request for Proposal to initiate a competitive sealed Proposal solicitation. …

137-047-0261 Multi-tiered and Multistep Proposals (1) Generally. A Contracting Agency may use one or more, or any combination, of the methods of Contractor selection set forth in ORS 279B.060(7), 279B.060(8) and this rule to procure Goods or Services. In addition to the procedure…

137-047-0265 Small Procurements (1) Generally. For Procurements of Goods or Services less than or equal to the dollar amount stated in ORS 279B.065, a Contracting Agency may Award a Contract as a small Procurement pursuant to ORS 279B.065. (2) Amendments. A Contracting Agency may…

137-047-0270 Intermediate Procurements (1) Generally. For Procurements of Goods or Services greater than the dollar amount stated in ORS 279B.065 and less than or equal to the higher dollar amount stated in ORS 279B.070, a Contracting Agency may Award a Contract as an intermediat…

137-047-0275 Sole-source Procurements (1) Generally. A Contracting Agency may Award a Contract without competition as a sole-Source Procurement pursuant to the requirements of ORS 279B.075. (2) Public Notice. If, but for the Contracting Agency's determination that it may enter in…

137-047-0280 Emergency Procurements A Contracting Agency may Award a Contract as an Emergency Procurement pursuant to the requirements of ORS 279B.080. When an Emergency Procurement is authorized, the Procurement shall be made with competition that is reasonable and appropriate u…

137-047-0285 Special Procurements (1) Generally. A Contracting Agency may Award a Contract as a Special Procurement pursuant to the requirements of ORS 279B.085. (2) Public Notice. A Contracting Agency shall give public notice of the Contract Review Authority's approval of a Spec…

137-047-0290 Cooperative Procurements A Contracting Agency may participate in, sponsor, conduct, or administer Cooperative Procurements as set forth in ORS 279A.200 through 279A.225 and OAR 137-046-0400 through 137-046-0480. Statutory/Other Authority: ORS 279A.065 Statutes/Other …

137-047-0300 Public Notice of Solicitation Documents (1) Notice of Solicitation Documents; Fee. A Contracting Agency shall provide public notice of every Solicitation Document in accordance with section (2) of this rule. The Contracting Agency may give additional notice using any…

137-047-0310 Bids or Proposals are Offers (1) Offer and Acceptance. The Bid or Proposal is the Bidder's or Proposer's Offer to enter into a Contract. (a) In competitive bidding and competitive Proposals, the Offer is always a "Firm Offer," i.e. the Offer shall be held open by the…

137-047-0320 Facsimile Bids and Proposals (1) Contracting Agency Authorization. A Contracting Agency may authorize Offerors to submit facsimile Offers. If the Contracting Agency determines that Bid or Proposal security is or will be required, the Contracting Agency should not aut…

137-047-0330 Electronic Procurement (1) Electronic Procurement Authorized. (a) A Contracting Agency may conduct all phases of a Procurement, including without limitation the posting of Electronic Advertisements and the receipt of Electronic Offers, by electronic methods if and to…

137-047-0400 Offer Preparation (1) Instructions. An Offeror shall submit and Sign its Offer in accordance with the instructions set forth in the Solicitation Document. An Offeror shall initial and submit any correction or erasure to its Offer prior to Opening in accordance with t…

137-047-0410 Offer Submission (1) Product Samples and Descriptive Literature. A Contracting Agency may require Product Samples or Descriptive Literature if the Contracting Agency determines either is necessary or desirable to evaluate the quality, features or characteristics of a…

137-047-0420 Pre-Offer Conferences (1) Purpose. A Contracting Agency may hold pre-Offer conferences with prospective Offerors prior to Closing, to explain the Procurement requirements, obtain information, or to conduct site inspections. (2) Required Attendance. The Contracting Ag…

137-047-0430 Addenda to Solicitation Document (1) Issuance; Receipt. The Contracting Agency may change a Solicitation Document only by Written Addenda. An Offeror shall provide Written acknowledgment of receipt of all issued Addenda with its Offer, unless the Contracting Agency o…

137-047-0440 Pre-Closing Modification or Withdrawal of Offers (1) Modifications. An Offeror may modify its Offer in Writing prior to the Closing. An Offeror shall prepare and submit any modification to its Offer to the Contracting Agency in accordance with OAR 137-047-0400 and 13…

137-047-0450 Receipt, Opening, and Recording of Offers; Confidentiality of Offers (1) Receipt. A Contracting Agency shall electronically or mechanically time-stamp or hand-mark each Offer and any modification upon receipt. The Contracting Agency shall not open the Offer or modifi…

137-047-0460 Late Offers, Late Withdrawals and Late Modifications Any Offer received after Closing is late. An Offeror's request for withdrawal or modification of an Offer received after Closing is late. An Agency shall not consider late Offers, withdrawals or modifications excep…

137-047-0470 Mistakes (1) Generally. To protect the integrity of the competitive Procurement process and to assure fair treatment of Offerors, a Contracting Agency should carefully consider whether to permit waiver, correction or withdrawal of Offers for certain mistakes. (2) Con…

137-047-0480 Time for Agency Acceptance An Offeror's Offer is a Firm Offer, irrevocable, valid and binding on the Offeror for not less than thirty (30) Days following Closing unless otherwise specified in the Solicitation Document. Statutory/Other Authority: ORS 279A.065 Statutes…

137-047-0490 Extension of Time for Acceptance of Offer A Contracting Agency may request, orally or in Writing, that Offerors extend, in Writing, the time during which the Contracting Agency may consider their Offer(s). If an Offeror agrees to such extension, the Offer shall conti…

137-047-0500 Responsibility of Bidders and Proposers (1) Before Awarding a Contract the Contracting Agency shall determine that the Bidder submitting the lowest Bid or Proposer submitting the most Advantageous Proposal is Responsible. The Contracting Agency shall use the standard…

137-047-0525 Qualified Products Lists A Contracting Agency may develop and maintain a qualified products list pursuant to ORS 279B.115. Statutory/Other Authority: ORS 279A.065 Statutes/Other Implemented: ORS 279B.115 History: DOJ 11-2004, f. 9-1-04, cert. ef. 3-1-05

137-047-0550 Prequalification of Prospective Offerors; Pre-negotiation of Contract Terms and Conditions (1) A Contracting Agency may prequalify prospective Offerors pursuant to ORS 279B.120 and 279B.125. (2) Notwithstanding the prohibition against revocation of prequalification i…

137-047-0560 Personal Services Contract to Provide Specifications — State Agency Disqualification as Bidder or Proposer (1) For the purposes of ORS 279B.040(1), a reasonable person would believe that a person who assisted a state contracting agency, under a personal services cont…

137-047-0575 Debarment of Prospective Offerors (1) Generally. A Contracting Agency may Debar prospective Offerors for the reasons set forth in ORS 279A.110 or after providing notice and the opportunity for hearing as set forth in ORS 279B.130. (2) Responsibility. Notwithstanding …

137-047-0600 Offer Evaluation and Award (1) Contracting Agency Evaluation. The Contracting Agency shall evaluate Offers only as set forth in the Solicitation Document, pursuant to ORS 279B.055(6)(a) and 279B.060(6)(b), and in accordance with applicable law. The Contracting Agency…

137-047-0610 Notice of Intent to Award (1) Notice of Intent to Award. The Contracting Agency shall provide Written notice of its intent to Award to all Bidders and Proposers pursuant to ORS 279B.135 at least seven (7) Days before the Award of a Contract, unless the Contracting Ag…

137-047-0620 Documentation of Award (1) Basis of Award. After Award, the Contracting Agency shall make a record showing the basis for determining the successful Offeror part of the Contracting Agency's Procurement file. (2) Contents of Award Record. The Contracting Agency's recor…

137-047-0630 Availability of Award Decisions (1) Contract Documents. To the extent required by the Solicitation Document, the Contracting Agency shall deliver to the successful Offeror a Contract, Signed purchase order, Price Agreement, or other Contract documents as applicable. …

137-047-0640 Rejection of an Offer (1) Rejection of an Offer. (a) A Contracting Agency may reject any Offer as set forth in ORS 279B.100. (b) The Contracting Agency shall reject an Offer upon the Contracting Agency’s finding that the Offer: (A) Is contingent on the Contracting Ag…

137-047-0650 Rejection of All Offers (1) Rejection. A Contracting Agency may reject all Offers as set forth in ORS 279B.100. The Contracting Agency shall notify all Offerors of the rejection of all Offers, along with the reasons for rejection of all Offers. (2) Criteria. The Cont…

137-047-0660 Cancellation of Procurement or Solicitation (1) Cancellation in the Public Interest. A Contracting Agency may cancel a Procurement or solicitation as set forth in ORS 279B.100. (2) Notice of Cancellation Before Opening. If the Contracting Agency cancels a Procurement…

137-047-0670 Disposition of Offers if Procurement or Solicitation Canceled (1) Prior to Opening. If the Contracting Agency cancels a Procurement or solicitation prior to Opening, the Contracting Agency shall return all Offers it received to Offerors unopened, provided the Offeror…

137-047-0700 Protests and Judicial Review of Special Procurements (1) Purpose. An Affected Person may protest the approval of a Special Procurement. Pursuant to ORS 279B.400(1), before seeking judicial review of the approval of a Special Procurement, an Affected Person must file …

137-047-0710 Protests and Judicial Review of Sole-Source Procurements (1) Purpose. For sole-source Procurements requiring public notice under OAR 137-047-0275, an Affected Person may protest the determination of the Contract Review Authority or designee that the Goods or Services…

137-047-0720 Protests and Judicial Review of Multi-Tiered and Multistep Solicitations (1) Purpose. An Affected Offeror may protest exclusion from the Competitive Range or from subsequent tiers or steps of a solicitation in accordance with the applicable Solicitation Document. Whe…

137-047-0730 Protests and Judicial Review of Solicitations (1) Purpose. A prospective Offeror may protest the Procurement process or the Solicitation Document for a Contract solicited under ORS 279B.055, 279B.060 and 279B.085 as set forth in 279B.405(2). Pursuant to 279B.405(3), …

137-047-0740 Protests and Judicial Review of Contract Award (1) Purpose. An Offeror may protest the Award of a Contract, or the intent to Award of a Contract, whichever occurs first, if the conditions set forth in ORS 279B.410(1) are satisfied. An Offeror must file a Written prot…

137-047-0745 Protests and Judicial Review of Qualified Products List Decisions (1) Purpose. A prospective Offeror may protest the Contracting Agency’s decision to exclude the prospective Offeror’s goods from the Contracting Agency’s qualified products list under ORS 279B.115. A p…

137-047-0750 Judicial Review of Other Violations Any violation of ORS Chapter 279A or 279B by a Contracting Agency for which no judicial remedy is otherwise provided in the Public Contracting Code is subject to judicial review as set forth in 279B.420. Statutory/Other Authority: …