731-005-0650 Offer Evaluation and Award (1) General. A Highway Construction Contract, if awarded, shall be awarded to the Responsible Bidder submitting the lowest Responsive Bid, provided that such Entity is not listed by the Construction Contractors Board as disqualified to hold a Contract for a Public Improvement. ODOT shall evaluate an Offer only as set forth in the Solicitation Document and in accordance with applicable law. ODOT shall not evaluate an Offer using any other requirement or criterion. This OAR 731-005-0650 does not apply to projects procured pursuant to an Exempted Selection Method. (2) Bid Evaluation Criteria. Invitations to Bid may solicit lump-sum Offers, unit-price Offers, or a combination of the two: (a) If the ITB requires a lump-sum Bid, without additive or deductive alternates, or if ODOT elects not to award additive or deductive alternates, Bids shall be compared on the basis of lump-sum prices, or lump-sum base Bid prices, as applicable. If the ITB calls for a lump-sum base Bid, plus additive or deductive alternates, the Solicitation Documents shall provide the criteria for selection; and (b) If the Bid includes unit pricing for estimated quantities, the total Bid price shall be calculated by multiplying the estimated quantities by the unit prices submitted by the Bidder, and adjusting for any additive or deductive alternates selected by ODOT, for the purpose of comparing Bids. In the event of mathematical discrepancies between unit price and any extended price calculations submitted by the Bidder, the unit price shall govern. See OAR 731-005-0620(2)(b). (3) Offeror Submissions. (a) ODOT may require an Offeror to submit product samples, descriptive literature, technical data, or other material and may also require any of the following prior to award: (A) Demonstration, inspection or testing of a product prior to award for characteristics such as quality or workmanship; (B) Examination of such elements as appearance, finish, taste, or feel; or (C) Other examinations to determine whether the product conforms to Specifications. (b) ODOT shall evaluate product acceptability only in accordance with the criteria disclosed in the Solicitation Document to determine that a product is acceptable. ODOT shall reject an Offer providing any product that does not meet the Solicitation Document requirements. ODOT's rejection of an Offer because it offers nonconforming Work or goods is not Disqualification and is not appealable under ORS 279C.445. (4) Evaluation of Bids. ODOT shall use only objective criteria to evaluate Bids as set forth in the ITB. ODOT shall evaluate Bids to determine which Responsible Offeror offers the lowest Responsive Bid. In determining the lowest Responsive Bid, ODOT shall add a percentage increase to the Bid of a nonresident Bidder equal to the percentage, if any, of the preference given to that Bidder in the state in which the Bidder resides unless prohibited by federal requirements. ODOT shall not negotiate scope of Work or other terms or conditions under an Invitation to Bid process. Statutory/Other Authority: ORS 184.619, 279A.050 & 279A.065 Statutes/Other Implemented: ORS 279C.300, 279C.335, 279C.365, 279C.375 & 279C.395 History: DOT 1-2024, amend filed 05/09/2024, effective 06/01/2024 DOT 2-2005, f. 2-16-05, cert. ef. 3-1-05