Oregon Administrative Code

137-047-0760 Review of Prequalification and Debarment Decisions Review of the Contracting Agency’s prequalification and Debarment decisions shall be as set forth in ORS 279B.425. Statutory/Other Authority: ORS 279A.065 Statutes/Other Implemented: ORS 279B.425 History: DOJ 11-2004…

137-047-0800 Amendments to Contracts and Price Agreements (1) Generally. A Contracting Agency may amend a Contract without additional competition in any of the following circumstances: (a) The amendment is within the scope of the Procurement as described in the Solicitation Docum…

137-047-0810 Termination of Price Agreements A Contracting Agency may terminate a Price Agreement as follows: (1) As permitted by the Price Agreement; (2) If the circumstances set forth in ORS 279B.140(2) exist; or (3) As permitted by applicable law. Statutory/Other Authority: OR…

137-048-0100 Application (1) The Attorney General is required to prepare and maintain model rules of procedure that govern Public Contracting under the Public Contracting Code and that are appropriate for use by all Contracting Agencies. These division 48 rules apply to the scree…

137-048-0110 Definitions In addition to the definitions set forth in ORS 279A.010, 279C.100, and OAR 137-046-0110, the following definitions apply to these division 48 rules: (1) "Consultant" means an Architect, Engineer, Photogrammetrist, Transportation Planner, Land Surveyor or…

137-048-0120 List of Interested Consultants; Performance Record (1) Consultants who are engaged in the lawful practice of their profession and who are interested in providing Architectural, Engineering, Photogrammetric Mapping, Transportation Planning or Land Surveying Services o…

137-048-0130 Applicable Selection Procedures; Pricing Information; Disclosure of Proposals; Conflicts of Interest (1) When selecting the most qualified Consultant to perform Architectural, Engineering, Photogrammetric Mapping, Transportation Planning or Land Surveying Services, C…

137-048-0200 Direct Appointment Procedure (1) Contracting Agencies may enter into a Contract directly with a Consultant without following the selection procedures set forth elsewhere in these rules if: (a) Emergency. Contracting Agency finds that an Emergency exists; or (b) Small…

137-048-0210 Informal Selection Procedure (1) Contracting Agencies may use the informal selection procedure described in this rule to obtain a Contract if the Estimated Fee is expected not to exceed $250,000. (2) Contracting Agencies using the informal selection procedure on the …

137-048-0220 Formal Selection Procedure (1) Subject to OAR 137-048-0130 (Applicable Selection Procedures; Pricing Information; Disclosure of Proposals), Contracting Agencies shall use the formal selection procedure described in this rule to select a Consultant if the Consultant c…

137-048-0230 Ties Among Proposers (1) If a Contracting Agency is selecting a Consultant on the basis of qualifications alone and determines after the ranking of Proposers that two or more Proposers are equally qualified, the Contracting Agency may select a candidate through any p…

137-048-0240 Protest Procedures (1) RFP Protest and Request for Change. Pursuant to ORS 279C.110(8) [HB 2769 (Oregon Laws 2019, Chapter 55)], Consultants may submit a written protest of anything contained in an RFP and may request a change to any provision, specification or Contr…

137-048-0250 Solicitation Cancellation, Delay or Suspension; Rejection of All Proposals or Responses; Consultant Responsibility For Costs A Contracting Agency may cancel, delay or suspend a solicitation, RFQ or other preliminary Procurement document, whether related to a Direct A…

137-048-0260 Two-Tiered Selection Procedure for Local Contracting Agency Public Improvement Projects (1) If a Local Contracting Agency requires an Architect, Engineer, Photogrammetrist, Transportation Planner or Land Surveyor to perform Architectural, Engineering, Photogrammetric…

137-048-0270 Price Agreements (1) A Contracting Agency may establish Price Agreements for Architectural, Engineering, Photogrammetric Mapping, Transportation Planning or Land Surveying Services or Related Services, when the Contracting Agency cannot determine the precise quantiti…

137-048-0300 Prohibited Payment Methodology; Purchase Restrictions (1) Except as otherwise allowed by law, a Contracting Agency shall not enter into any Contract which includes compensation provisions that expressly provide for payment of: (a) Consultant's costs under the Contrac…

137-048-0310 Expired or Terminated Contracts; Reinstatement (1) If a Contracting Agency enters into a Contract for Architectural, Engineering, Photogrammetric Mapping, Transportation Planning or Land Surveying Services or Related Services and that Contract subsequently expires or…

137-048-0320 Contract Amendments (1) A Contracting Agency may amend any Contract if the Contracting Agency, in its sole discretion, determines that the amendment is within the scope of the Solicitation Document and that the amendment would not materially impact the field of compe…

137-049-0100 Application (1) These division 49 rules apply to Public Improvement Contracts as well as Public Contracts for ordinary construction Services that are not Public Improvements. Model Rules that apply specifically to Public Improvement Contracts are so identified. These…

137-049-0110 Policies In addition to the general Code policies set forth in ORS 279A.015, the 279C.300 policy on competition and the 279C.305 policy on least-cost for Public Improvements apply to these division 49 rules. Statutory/Other Authority: ORS 279A.065 Statutes/Other Impl…

137-049-0120 Definitions (1) “Conduct Disqualification” means a Disqualification under ORS 279C.440. (2) “Disqualification” means the preclusion of a Person from contracting with a Contracting Agency for a period of time in accordance with OAR 137-049-0370. (3) “Foreign Contracto…

137-049-0130 Competitive Bidding Requirement A Contracting Agency shall solicit Bids for Public Improvement Contracts by Invitation to Bid ("ITB"), except as otherwise allowed or required pursuant to ORS 279C.335 on competitive bidding exceptions and exemptions, 279A.030 on feder…

137-049-0140 Contracts for Construction Other Than Public Improvements (1) Procurement Under ORS Chapter 279B. Pursuant to ORS 279C.320, Public Contracts for construction Services that are not Public Improvement Contracts may be procured and amended as general trade Services unde…

137-049-0150 Emergency Contracts; Bidding and Bonding Exemptions (1) Emergency Declaration. A Contracting Agency may declare that Emergency circumstances exist that require prompt execution of a Public Contract for Emergency construction or repair Work. The declaration shall be m…

137-049-0160 Intermediate Procurements; Competitive Quotes and Amendments (1) General. Public Improvement Contracts estimated by the Contracting Agency not to exceed $100,000 may be Awarded in accordance with intermediate level procurement procedures for competitive quotes establ…

137-049-0200 Solicitation Documents; Required Provisions; Assignment or Transfer (1) Solicitation Document. Pursuant to ORS 279C.365 and this rule, the Solicitation Document shall include the following: (a) General Information: (A) Identification of the Public Improvement project…

137-049-0210 Notice and Advertising Requirements; Posting (1) Notice and Distribution Fee. A Contracting Agency shall furnish "Notice" as set forth below in subsections (a) through (c), to a number of Persons sufficient for the purpose of fostering and promoting competition. The …

137-049-0220 Prequalification of Offerors (1) Prequalification. Pursuant to ORS 279C.430 and this rule, two types of prequalification are authorized: (a) Mandatory Prequalification. A Contracting Agency may, by rule, resolution, ordinance or other law or regulation, require manda…

137-049-0230 Eligibility to Bid or Propose; Registration or License (1) Construction Contracts. A Contracting Agency shall not consider a Person's Offer to do Work as a contractor, as defined in ORS 701.005(2), unless the Person has a current, valid certificate of registration is…

137-049-0240 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 Age…

137-049-0250 Addenda to Solicitation Documents (1) Issuance; Receipt. The Contracting Agency 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 Contracting Agency…

137-049-0260 Request for Clarification or Change; Solicitation Protests (1) Clarification. Prior to the deadline for submitting a Written request for change or protest, an Offeror may request that the Contracting Agency clarify any provision of the Solicitation Document. The Cont…

137-049-0270 Cancellation of Solicitation Document (1) Cancellation in the Public Interest. A Contracting Agency may cancel a solicitation for good cause if the Contracting Agency finds that cancellation is in the public interest. The Contracting Agency's reasons for cancellation…

137-049-0280 Offer Submissions (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 Offeror f…

137-049-0290 Bid or Proposal Security (1) Security Amount. If a Contracting Agency requires Bid or Proposal security, it shall be not more than 10% or less than 5% of the Offeror's Bid or Proposal, consisting of the base Bid or Proposal together with all additive alternates. A Co…

137-049-0300 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 shall not auth…

137-049-0310 Electronic Procurement (1) General. Contracting Agencies may utilize Electronic Advertisement of Public Improvement Contracts in accordance with ORS 279C.360(1), provided that advertisement of such Contracts with an estimated Contract Price in excess of $125,000 must…

137-049-0320 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 137-049-0280, unles…

137-049-0330 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 modific…

137-049-0340 Late Bids, 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. A Contracting Agency shall not consider late Offers, withdrawals or modificati…

137-049-0350 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…

137-049-0360 First-Tier Subcontractors; Disclosure and Substitution (1) Required Disclosure. Within two working hours after the Bid Closing on an ITB for a Public Improvement having a Contract Price anticipated by the Contracting Agency to exceed $100,000, all Bidders shall submi…

137-049-0370 Disqualification of Persons (1) Authority. A Contracting Agency may disqualify a Person from consideration of Award of the Contracting Agency’s Contracts after providing the Person with notice and a reasonable opportunity to be heard in accordance with sections (2) a…

137-049-0380 Bid or Proposal Evaluation Criteria (1) General. A Public Improvement Contract, if Awarded, must be Awarded to the Responsible Bidder submitting the lowest Responsive Bid, or to the Responsible Proposer submitting the best Responsive Proposal. (See OAR 137-049-0390, …

137-049-0390 Offer Evaluation and Award; Determination of Responsibility (1) General. If Awarded, the Contracting Agency shall Award the Contract to the Responsible Bidder submitting the lowest, Responsive Bid or the Responsible Proposer or Proposers submitting the best, Responsi…

137-049-0395 Notice of Intent to Award (1) Notice. At least seven days before the Award of a Public Improvement Contract, the Contracting Agency shall issue to each Bidder (pursuant to ORS 279C.375(2)) and each Proposer (pursuant to 279C.410(7)), or post electronically or otherwi…

137-049-0400 Documentation of Award; Availability of Award Decisions (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 solicitation file. (2) Contents of Award Reco…

137-049-0410 Time for Contracting Agency Acceptance; Extension (1) Time for Offer Acceptance. An Offeror's Bid, or Proposal submitted as a Firm Offer (see OAR 137-049-0280), is irrevocable, valid and binding on the Offeror for not less than 30 Days from Closing unless otherwise s…

137-049-0420 Negotiation With Bidders Prohibited (1) Bids. Except as permitted by ORS 279C.340 and OAR 137-049-0430 when all bids exceed the cost estimate, a Contracting Agency shall not negotiate with any Bidder prior to Contract Award. After Award of the Contract, the Contracti…

137-049-0430 Negotiation When Bids Exceed Cost Estimate (1) Generally. In accordance with ORS 279C.340, if all Responsive Bids from Responsible Bidders on a competitively Bid Project exceed the Contracting Agency's Cost Estimate, prior to Contract Award the Contracting Agency may…