justicedao/ipfs_state_laws huggingface dataset:
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 modification upon receipt, but shall maintain it as confidential and secure until Opening. If the Contracting Agency inadvertently opens an Offer or a modification prior to the Opening, the Contracting Agency shall return the Offer or modification to its secure and confidential state until Opening. The Contracting Agency shall document the resealing for the Procurement file (e.g. "Contracting Agency inadvertently opened the Offer due to improper identification of the Offer."). (2) Opening and Recording. A Contracting Agency shall publicly open Offers including any modifications made to the Offer pursuant to OAR 137-047-0440(1). In the case of Invitations to Bid, to the extent practicable, the Contracting Agency shall read aloud the name of each Bidder, and such other information as the Contracting Agency considers appropriate. However, the Contracting Agency may withhold from disclosure information in accordance with ORS 279B.055(5)(c) and 279B.060(6). In the case of Requests for Proposals or voluminous Bids, if the Solicitation Document so provides, the Contracting Agency will not read Offers aloud. Statutory/Other Authority: ORS 279A.065 & 279B.055 Statutes/Other Implemented: ORS 279B.055 History: DOJ 2-2015, f. & cert. ef. 2-3-15 Reverted to DOJ 11-2004, f. 9-1-04, cert. ef. 3-1-05 DOJ 10-2014(Temp), f. & cert. ef. 7-1-14 thru 12-26-14 DOJ 11-2004, f. 9-1-04, cert. ef. 3-1-05
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 except as permitted in OAR 137-047-0470 or 137-047-0261. Statutory/Other Authority: ORS 279A.065 & 279B.055 Statutes/Other Implemented: ORS 279B.055 History: DOJ 10-2011, f. 11-29-11, cert. ef. 1-1-12 DOJ 11-2004, f. 9-1-04, cert. ef. 3-1-05
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/Other Implemented: ORS 279A.065 History: DOJ 11-2004, f. 9-1-04, cert. ef. 3-1-05
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 continue as a Firm Offer, irrevocable, valid and binding on the Offeror for the agreed-upon extension period. Statutory/Other Authority: ORS 279A.065 Statutes/Other Implemented: ORS 279A.065 History: DOJ 11-2004, f. 9-1-04, cert. ef. 3-1-05
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 standards set forth in ORS 279B.110 and OAR 137-047-0640(1)(c)(F) to determine if a Bidder or Proposer is Responsible. In the event a Contracting Agency determines a Bidder or Proposer is not Responsible it shall prepare a Written determination of non-Responsibility as required by ORS 279B.110 and shall reject the Offer. (2) In addition to making the responsibility determination under ORS 279B.110 and OAR 137-047-0640(1)(c)(F), the Contracting Agency may consider (as authorized by ORS 279A.800), as part of the Contracting Agency’s evaluation of a Bid or Proposal, whether the Bidder or Proposer owes a liquidated and delinquent debt to the state. Statutory/Other Authority: ORS 279A.065 Statutes/Other Implemented: ORS 279B.110 History: DOJ 25-2023, amend filed 12/22/2023, effective 01/01/2024 DOJ 15-2019, amend filed 12/23/2019, effective 01/01/2020 DOJ 11-2004, f. 9-1-04, cert. ef. 3-1-05
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 in ORS 279B.120(3), a Contracting Agency may determine that a prequalified Offeror is not Responsible prior to Contract Award. (3) A Contracting Agency may pre-negotiate some or all Contract terms and conditions including prospective Proposer Contract forms such as license agreements, maintenance and support agreements or similar documents for use in future Procurements. Such pre-negotiation of Contract terms and conditions (including prospective Proposer forms) may be part of the prequalification process of a Proposer in section (1) or the pre-negotiation may be a separate process and not part of a prequalification process. Unless required as part of the prequalification process, the failure of the Contracting Agency and the prospective Proposer to reach agreement on pre-negotiated Contract terms and conditions does not prohibit the prospective Proposer from responding to Procurements. A Contracting Agency may agree to different pre-negotiated Contract terms and conditions with different prospective Proposers. When a Contracting Agency has pre-negotiated different terms and conditions with Proposers or when permitted, Proposers offer different terms and conditions, a Contracting Agency may consider the terms and conditions in the Proposal evaluation process. Statutory/Other Authority: ORS 279A.065 Statutes/Other Implemented: ORS 279A.015 & 279B.120 History: DOJ 15-2009, f. 12-1-09, cert. ef. 1-1-10 DOJ 11-2004, f. 9-1-04, cert. ef. 3-1-05
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 the limitation on the term for Debarment in ORS 279B.130(1)(b), a Contracting Agency may determine that a previously Debarred Offeror is not Responsible prior to Contract Award. (3) Imputed Knowledge. A Contracting Agency may attribute improper conduct of a Person or its affiliate or affiliates having a contract with a prospective Offeror to the prospective Offeror for purposes of Debarment where the impropriety occurred in connection with the Person's duty for or on behalf of, or with the knowledge, approval, or acquiescence of, the prospective Offeror. (4) Limited Participation. A Contracting Agency may allow a Debarred Person to participate in solicitations and Contracts on a limited basis during the Debarment period upon Written determination that participation is Advantageous to a Contracting Agency. The determination shall specify the factors on which it is based and define the extent of the limits imposed. Statutory/Other Authority: ORS 279A.065 Statutes/Other Implemented: ORS 279B.130 History: DOJ 19-2007, f. 12-28-07, cert. ef. 1-1-08 DOJ 11-2004, f. 9-1-04, cert. ef. 3-1-05
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 Agency determines that circumstances justify prompt execution of the Contract, in which case the Contracting Agency may provide a shorter notice period. The Contracting Agency shall document the specific reasons for the shorter notice period in the Procurement file. (2) Finality. The Contracting Agency's Award shall not be final until the later of the following: (a) The expiration of the protest period provided pursuant to OAR 137-047-0740; or (b) The Contracting Agency provides Written responses to all timely-filed protests denying the protests and affirming the Award. Statutory/Other Authority: ORS 279A.065 & 279B.135 Statutes/Other Implemented: ORS 279B.135 History: DOJ 19-2007, f. 12-28-07, cert. ef. 1-1-08 DOJ 11-2004, f. 9-1-04, cert. ef. 3-1-05
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 record shall include: (a) For Bids: (A) Bids; (B) Completed Bid tabulation sheet; and (C) Written justification for any rejection of lower Bids. (b) For Proposals: (A) Proposals; (B) The completed evaluation of the Proposals; (C) Written justification for any rejection of higher scoring Proposals; and (D) If the Contracting Agency engaged in any of the methods of Contractor selection described in ORS 279B.060(6)(b) and OAR 137-047-0261, Written documentation of the content of any discussions, negotiations, best and final Offers, or any other procedures the Contracting Agency used to select a Proposer to which the Contracting Agency Awarded a Contract. Statutory/Other Authority: ORS 279A.065 Statutes/Other Implemented: ORS 279A.065 History: DOJ 10-2011, f. 11-29-11, cert. ef. 1-1-12 DOJ 11-2004, f. 9-1-04, cert. ef. 3-1-05
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. (2) Availability of Award Decisions. A Person may obtain tabulations of Awarded Bids or evaluation summaries of Proposals for a minimal charge, in person or by submitting to the Contracting Agency a Written request accompanied by payment. The requesting Person shall provide the Solicitation Document number and enclose a self-addressed, stamped envelope. In addition, the Contracting Agency may make available tabulations of Bids and Proposals through the Electronic Procurement System of the Contracting Agency or the Contracting Agency’s website. (3) Availability of Procurement Files. After notice of intent to Award, the Contracting Agency shall make Procurement files available in accordance with applicable law. Statutory/Other Authority: ORS 279A.065 Statutes/Other Implemented: ORS 279B.055 & 279B.060 History: DOJ 11-2004, f. 9-1-04, cert. ef. 3-1-05
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 Contracting Agency may reject all Offers based upon the following criteria: (a) The content of or an error in the Solicitation Document, or the Procurement process unnecessarily restricted competition for the Contract; (b) The price, quality or performance presented by the Offerors are too costly or of insufficient quality to justify acceptance of any Offer; (c) Misconduct, error, or ambiguous or misleading provisions in the Solicitation Document threaten the fairness and integrity of the competitive process; (d) Causes other than legitimate market forces threaten the integrity of the competitive process. These causes may include, without limitation, those that tend to limit competition, such as restrictions on competition, collusion, corruption, unlawful anti-competitive conduct, and inadvertent or intentional errors in the Solicitation Document; (e) The Contracting Agency cancels the Procurement or solicitation in accordance with OAR 137-047-0660; or (f) Any other circumstance indicating that Awarding the Contract would not be in the public interest. Statutory/Other Authority: ORS 279A.065 Statutes/Other Implemented: ORS 279B.100 History: DOJ 11-2004, f. 9-1-04, cert. ef. 3-1-05
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 or solicitation prior to Opening, the Contracting Agency shall provide Written notice of cancellation in the same manner that the Contracting Agency initially provided notice of the solicitation. Such notice of cancellation shall: (a) Identify the Solicitation Document; (b) Briefly explain the reason for cancellation; and (c) If appropriate, explain that an opportunity will be given to compete on any resolicitation. (3) Notice of Cancellation After Opening. If the Contracting Agency cancels a Procurement or solicitation after Opening, the Contracting Agency shall provide Written notice of cancellation to all Offerors who submitted Offers. Statutory/Other Authority: ORS 279A.065 Statutes/Other Implemented: ORS 279B.100 History: DOJ 11-2004, f. 9-1-04, cert. ef. 3-1-05
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 submitted its Offer in a hard copy format with a clearly visible return address. If there is no return address on the envelope, the Contracting Agency shall open the Offer to determine the source and then return it to the Offeror. For Electronic Offers, the Contracting Agency shall delete the Offers from the Contracting Agency’s Electronic Procurement System or information technology system. (2) After Opening. If the Contracting Agency cancels a Procurement or solicitation after Opening, the Contracting Agency: (a) May return Proposals in accordance with ORS 279B.060(56)(c); and (b) Shall keep Bids in the Procurement file. (3) Rejection of All Offers. If the Contracting Agency rejects all Offers, the Contracting Agency shall keep all Proposals and Bids in the Procurement file. Statutory/Other Authority: ORS 279A.065 Statutes/Other Implemented: ORS 279B.100 History: DOJ 8-2012, f. 7-2-12, cert. ef. 8-1-12 DOJ 11-2004, f. 9-1-04, cert. ef. 3-1-05
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 a Written protest with the Contract Review Authority for the Contracting Agency and exhaust all administrative remedies. (2) Delivery. Notwithstanding the requirements for filing a writ of review under ORS Chapter 34 pursuant to ORS 279B.400(4)(a), an Affected Person must deliver a Written protest to the Contract Review Authority for the Contracting Agency within seven (7) Days after the first date of public notice of the approval of a Special Procurement by the Contract Review Authority for the Contracting Agency, unless a different protest period is provided in the public notice of the approval of a Special Procurement. (3) Content of Protest. The Written protest must include: (a) A detailed statement of the legal and factual grounds for the protest; (b) A description of the resulting harm to the Affected Person; and (c) The relief requested. (4) Contract Review Authority Response. The Contract Review Authority shall not consider an Affected Person’s protest of the approval of a Special Procurement submitted after the timeline established for submitting such protest under this rule or such different time period as may be provided in the public notice of the approval of a Special Procurement. The Contract Review Authority shall issue a Written disposition of the protest in a timely manner. If the Contract Review Authority upholds the protest, in whole or in part, it may in its sole discretion implement the sustained protest in the approval of the Special Procurement, or revoke the approval of the Special Procurement. (5) Judicial Review. An Affected Person may seek judicial review of the Contract Review Authority’s decision relating to a protest of the approval of a Special Procurement in accordance with ORS 279B.400. Statutory/Other Authority: ORS 279A.065 & 279B.400 Statutes/Other Implemented: ORS 279B.400 History: DOJ 20-2005, f. 12-27-05, cert. ef. 1-1-06 DOJ 11-2004, f. 9-1-04, cert. ef. 3-1-05
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 or class of Goods or Services are available from only one source. Pursuant to ORS 279B.420(3)(f), before seeking judicial review, an Affected Person must file a Written protest with the Contract Review Authority or designee and exhaust all administrative remedies. (2) Delivery. Unless otherwise specified in the public notice of the sole-source Procurement, an Affected Person must deliver a Written protest to the Contract Review Authority or designee within seven (7) Days after the first date of public notice of the sole-source Procurement, unless a different protest period is provided in the public notice of a sole-source Procurement. (3) Content of Protest. The Written protest must include: (a) A detailed statement of the legal and factual grounds for the protest; (b) A description of the resulting harm to the Affected Person; and (c) The relief requested. (4) Contract Review Authority Response. The Contract Review Authority or designee shall not consider an Affected Person’s sole-source Procurement protest submitted after the timeline established for submitting such protest under this rule, or such different time period as may be provided in the public notice of the sole-source Procurement. The Contract Review Authority or designee shall issue a Written disposition of the protest in a timely manner. If the Contract Review Authority or designee upholds the protest, in whole or in part, the Contracting Agency shall not enter into a sole-source Contract. (5) Judicial Review. Judicial review of the Contract Review Authority’s or designee’s disposition of a sole-source Procurement protest shall be in accordance with ORS 279B.420. Statutory/Other Authority: ORS 279A.065 Statutes/Other Implemented: ORS 279B.075 History: DOJ 11-2004, f. 9-1-04, cert. ef. 3-1-05
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. When such a protest is permitted by the Solicitation Document, then pursuant to ORS 279B.420(3)(f), before seeking judicial review, an Affected Offeror must file a Written protest with the Contracting Agency and exhaust all administrative remedies. (2) Basis for Protest. An Affected Offeror may protest its exclusion from a tier or step of competition only if the Offeror is Responsible and submitted a Responsive Offer and but for the Contracting Agency’s mistake in evaluating the Offeror’s or other Offerors’ Offers, the protesting Offeror would have been eligible to participate in the next tier or step of competition. (For example, the protesting Offeror must claim it is eligible for inclusion in the Competitive Range if all ineligible higher-scoring Offerors are removed from consideration, and that those ineligible Offerors are ineligible for inclusion in the Competitive Range because: their Proposals were not Responsive, or the Contracting Agency committed a substantial violation of a provision in the Solicitation Document or of an applicable Procurement statute or administrative rule, and the protesting Offeror was unfairly evaluated and would have, but for such substantial violation, been included in the Competitive Range.) (3) Delivery. Unless otherwise specified in the Solicitation Document, an Affected Offeror must deliver a Written protest to the Contracting Agency within seven (7) Days after issuance of the notice of the Competitive Range or notice of subsequent tiers or steps. (4) Content of Protest. The Affected Offeror's protest shall be in Writing and must specify the grounds upon which the protest is based. (5) Contracting Agency Response. The Contracting Agency shall not consider an Affected Offeror’s multi-tiered or multistep solicitation protest submitted after the timeline established for submitting such protest under this rule, or such different time period as may be provided in the Solicitation Document. The Contracting Agency shall issue a Written disposition of the protest in a timely manner. If the Contracting Agency upholds the protest, in whole or in part, the Contracting Agency may in its sole discretion either issue an Addendum under OAR 137-047-0430 reflecting its disposition or cancel the Procurement or solicitation under 137-047-0660. (6) Judicial Review. Judicial review of the Contracting Agency’s decision relating to a multi-tiered or multistep solicitation protest shall be in accordance with ORS 279B.420. Statutory/Other Authority: ORS 279A.065 Statutes/Other Implemented: ORS 279B.060 History: DOJ 11-2004, f. 9-1-04, cert. ef. 3-1-05