Oregon Administrative Code

736-146-0120 Ethics in Sole Source The department may not select a sole-source procurement pursuant to ORS 279B.075 and avoid a competitive procurement if the purpose of the selection is to primarily benefit the contractor, directly or indirectly, to the detriment of the departme…

736-146-0130 Fragmentation The department may not artificially divide or fragment a procurement so as to constitute a small procurement, pursuant to ORS 279B.065, or an intermediate procurement, pursuant to ORS 279B.070. Statutory/Other Authority: ORS 279A.065(6)(a) & ORS 279A.07…

736-146-0140 Ethics in OPRD and Contractor Communications (1) The department is encouraged to conduct research with contractors who can meet the state’s needs. This research phase includes but is not limited to: (a) Meetings; (b) Industry presentations; and (c) Demonstrations wit…

736-147-0030 Emergency Procurements Process (1) The director or designee, may authorize department personnel to award a public contract for goods and services as an emergency procurement. Emergency contracts are exempt from Department of Justice legal sufficiency review under OAR…

736-147-0040 Price Agreements (1) The department may create price agreements designed for the exclusive use of the department or use DAS multi-agency price agreements. (2) The department may create price agreements for the purposes of achieving continuity of product, securing a s…

736-147-0050 Mandatory Use Contracts and Mandatory Use Price Agreements (1) For the purposes of this rule, a Mandatory Use Contract or Mandatory Use Price Agreement means a public contract, DAS price agreement, or other agreement that the department is required to use for the pro…

736-147-0060 Amendments for Intermediate Goods or Services Procurements (1) The department may amend a public contract awarded as an intermediate procurement in accordance with OAR 137-047-0800, but the cumulative amendments shall not increase the total contract price to a sum th…

736-147-0070 Reinstatement of Expired or Terminated Contracts (1) If the department enters into a contract for goods or services and that contract subsequently expires or is terminated, the department may reinstate the contract subject to the following: (a) The type or aggregated…

736-148-0100 Purpose (1) In addition to the rules set forth in Division 146 and 147, these Division 148 rules apply to the screening and selection of architects, engineers, photogrammetrists, transportation planners, land surveyors and providers of related services contracts and …

736-148-0110 Definitions In addition to the definitions set forth in OAR 736-146-0012, the following definitions apply to these Division 148 rules: (1) “Award” means the decision of the department to enter into a contract with any person. (2) "Consultant" means an architect, engi…

736-148-0120 List of Consultants; Performance Record (1) The department may compile and maintain a record of each consultant's performance under contracts with the department, including information obtained from consultants during an exit interview and information pertaining to w…

736-148-0130 Applicable Selection Procedures; Pricing Information; Disclosure of Proposals; Conflicts of Interest (1) When selecting a consultant to perform architectural, engineering, photogrammetric mapping, transportation planning or land surveying services, and related servic…

736-148-0200 Direct Award Procedure (1) The department may base its selection of a consultant for direct award on any information available to the department prior to beginning the direct award procedure for the project. (2) The department may enter into a contract directly with …

736-148-0210 Intermediate Selection Procedure (1) The department may use the intermediate selection procedure to obtain a contract if the estimated fee is expected to be greater than $100,000 but not to exceed $500,000. (2) The department using the intermediate selection procedur…

736-148-0220 Formal Selection Procedure (1) The department shall use the formal selection procedure to select a consultant if the total fee is expected to exceed $500,000. The formal selection procedure may otherwise be used at the department’s discretion. (2) The department shal…

736-148-0230 Ties Among Proposers If the department is selecting a consultant on the basis of price alone, or on the basis of price and qualifications, and determines after ranking the proposals that two or more are identical in terms of price or are identical in terms of price a…

736-148-0240 Protest Procedures (1) RFP Protest and Request for Change. Consultants may submit a written protest of anything contained in an RFP and may request a change to any provision, specification or contract term contained in an RFP, no later than seven (7) calendar days pr…

736-148-0250 Solicitation Cancellation, Delay or Suspension; Rejection of All Proposals or Responses; Consultant Responsibility For Costs The department may cancel, delay or suspend a solicitation, RFQ or other preliminary procurement document, whether related to a direct award p…

736-148-0270 Price Agreements (1) The department may establish price agreements for architectural, engineering, photogrammetric mapping, transportation planning or land surveying services or related services, when the department cannot determine the precise quantities of those se…

736-148-0300 Prohibited Payment Methodology; Purchase Restrictions (1) Except as otherwise allowed by law, the department shall not enter into any contract which includes compensation provisions that expressly provide for payment of: (a) Consultant's costs under the contract plus…

736-149-0020 Procurement Authority Commission Approval for Major Procurements: For procurements exceeding $750,000, the Commission must approve the award prior to contract execution. Statutory/Other Authority: ORS 279.025(3)(k) Statutes/Other Implemented: ORS 279.025(3)(k) Histor…

736-149-0100 Application (1) In addition to the rules set forth in Division 146, 147 and 148, these division 149 rules apply to public improvement procurements and contracts as well as procurements and contracts for ordinary construction services that are not public improvements.…

736-149-0120 Definitions Definitions in 736-146-0012 also apply in this division, in addition to the following definitions: (1) “Addendum” or “Addenda” means an addition to, deletion from, a material change in, or general interest explanation of a solicitation document. (2) “Amen…

736-149-0130 Competitive Bidding Requirement-Formal Procurement For public improvement contracts and ordinary construction contracts with an estimated contract price that exceeds $500,000, the department shall solicit Bids by Invitation to Bid ("ITB"), except as otherwise allowed…

736-149-0160 Intermediate Procurements; Competitive Quotes and Amendments (1) General. Public improvement and ordinary construction contracts estimated by the department to be greater than $100,000 but not to exceed $500,000 may be awarded in accordance with intermediate level pr…

736-149-0200 Solicitation Documents; Required Provisions; Assignment or Transfer (1) Solicitation Document. The Solicitation Document shall include the following: (a) General information: (A) Identification of the project, including the character of the work, and applicable plans…

736-149-0210 Public Notice of Solicitation Documents (1) The department will provide notice of solicitation documents for Formal Procurements and other notices required or authorized by these rules by one or more of the following methods: (a) By publishing notice on the on-line s…

736-149-0230 Eligibility to Bid or Propose; Registration or License (1) Construction Contracts. The department 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 issued b…

736-149-0240 Pre-Offer Conferences (1) Purpose. The department 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 department may requir…

736-149-0245 Modification or Cancellation of Solicitation Process (1) Modification: The department may modify or cancel a solicitation document as follows: (a) Modification Issuance: Any changes to the solicitation document will be by written addenda. (b) Addenda Issuance: The de…

736-149-0250 Addenda to Solicitation Documents (1) Issuance; Receipt. The Department 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 department otherwise speci…

736-149-0260 Requests for Changes to or Clarification of a Solicitation Document (1) Requests: If provided in the solicitation document, the department will accept and consider requests to change or clarify a solicitation document. Each request for change or clarification must in…

736-149-0270 Cancellation of a Solicitation Document, Offer, or Award (1) The department may cancel a solicitation or may reject all offers when the cancellation or rejection is in the best interest of the department as determined by the department. (a) The reasons for the cancel…

736-149-0280 Submission, Receipt, Opening, and Recording of Offers; Confidentiality of Offers (1) Offer Submission: Offeror must submit offers in response to a procurement in the format specified by the solicitation document. All bids and proposals are firm offers and are irrevoc…

736-149-0290 Bid Security (1) Security Amount. If the department requires bid security, it shall be not more than 10% or less than 5% of the offeror's bid, consisting of the base bid together with all additive alternates. The department shall not use bid security to discourage co…

736-149-0310 Electronic Procurement (1) General. The department may utilize electronic advertisement of contracts, provided that advertisement of such contracts with an estimated contract price in excess of $500,000 are posted in accordance with public notice of solicitation docu…

736-149-0340 Late Submission of Bids or Proposals, Modifications and Withdrawal (1) Late Submission: (a) Any Offer in response to a solicitation document received after closing is late. An offeror’s request for withdrawal or modification of an offer in response to a solicitation …

736-149-0350 Minor Informalities (1) General: The department may accept offers that contain, or allow an offeror to correct an offer that contains, minor informalities. (2) Examples: Minor informalities include errors in form rather than substance and errors in an offer that can …

736-149-0360 First-Tier Subcontractors; Disclosure and Substitution for Formal Procurements (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 department to exceed $500,000, all bid…

736-149-0370 Disqualification of Persons (1) Disqualification. The department may disqualify a person from an award of department contracts for up to three years if: (a) Contract Performance: The person has performed unsatisfactorily under a contract or has committed a material b…

736-149-0380 Offer Evaluation; Clarification of Offers; Award (1) The department will evaluate offers using the process and criteria specified in the solicitation document. (2) Evaluation of Bids. The Department shall use only objective criteria to evaluate Bids as set forth in t…

736-149-0385 Identical Bids; Preference for Oregon Goods and Services (1) Award When Bids are Identical: If the department receives bids determined identical in price (“identical bids”), and chooses to issue an award, the department will issue the award based on the following ord…

736-149-0390 Responsible Offerors; Rejection for Offeror Non-Responsibility (1) General: Only responsible offerors are eligible for award. The department will reject offers from offerors determined not responsible by the department and provide a written summary for the basis of t…

736-149-0395 Award Notice (1) Notice. At least seven days before the award of a public improvement contract in excess of $500,000, the department shall post electronically or otherwise, a notice of the department's intent to Award the Contract. This requirement does not apply to …

736-149-0400 Documentation of Award; Availability of Award Decisions (1) Basis of Award. After award, the department shall make a record showing the basis for determining the successful offeror part of the department's solicitation file. (2) Contents of Award Record for Bids. The…

736-149-0410 Time for Department Acceptance; Extension (1) Time for Offer Acceptance. An offeror's bid submitted as a firm offer, is irrevocable, valid and binding on the offeror for not less than 30 days from closing unless otherwise specified in the solicitation document. (2) E…

736-149-0430 Negotiations (1) Generally. If all responsive bids from responsible bidders on a competitively bid project exceed the department's cost estimate, prior to contract award the department may negotiate value engineering and other options with the responsible bidder subm…

736-149-0440 Bid Rejection (1) The department may at any time reject all offers provided in response to a solicitation document if determined it is in the department's best interest to do so and may reject individual offers upon the department’s finding the offer: (a) Contingent:…

736-149-0450 Protest of Formal Contract Awards (1) Award Protest Opportunity: Any offeror who submitted an offer in response to a formal procurement may protest the award by submitting a protest to the department within five days following the date of the award notice, unless a d…

736-149-0460 Performance and Payment Security; Waiver (1) Performance and Payment Bonds (a) Public Improvement Contracts. Unless the required performance bond is waived in cases of emergency under OAR 736-147-0030, the contractor shall execute and deliver to the department a perf…