731-005-0505 Electronic Procurement (1) General. ODOT may use Electronic Advertisement of Highway Construction Contracts in accordance with ORS 279C.360, provided that advertisements of such Contracts with an estimated Contract Price in excess of $125,000 are also published in a trade newspaper of general statewide circulation. ODOT may post notices of intent to award electronically as provided by ORS 279C.410. (2) Alternative Procedures. In the event that ODOT desires to direct or permit the submission and receipt of Offers for a Public Improvement Contract by electronic means, as allowed under ORS 279C.365, it shall first promulgate supporting procedures substantially in conformance with OAR chapter 731 division 5, taking into account ORS Chapter 279C requirements for Written Bids, opening Bids publicly, Bid security, first-tier subcontractor disclosure and inclusion of prevailing wage rates. (3) Interpretation. Nothing in this rule shall be construed as prohibiting ODOT from making procurement documents for Highway Construction Contracts available in electronic format as well as in hard copy when Bids are to be submitted only in hard copy. (4) Electronic Procurement Authorized: (a) ODOT 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 the extent ODOT specifies in a Solicitation Document, or any other Written instructions on how to participate in the Procurement; (b) ODOT shall open an Electronic Offer in accordance with electronic security measures in effect at ODOT at the time of its receipt of the Electronic Offer. Unless ODOT provides procedures for the secure receipt of Electronic Offers, the Person submitting the Electronic Offer assumes the risk of premature disclosure due to submission in unsealed form; (c) ODOT’s use of electronic or digital Signatures shall be consistent with applicable statutes and rules. ODOT may limit the use of electronic methods of conducting a procurement as advantageous to the contracting agency; (d) If ODOT determines that Bid security is or will be required, ODOT shall not authorize Electronic Offers unless it has established methods for receipt of such security. (5) Rules Governing Electronic Procurements. ODOT shall conduct all portions of an Electronic Procurement in accordance with OAR chapter 731 division 5, unless otherwise set forth in this rule. (6) Preliminary Matters. As a condition of participation in an Electronic Procurement ODOT may require potential Contractors to: (a) Register with ODOT before the date and time on which ODOT will first accept Offers; (b) Agree to the terms, conditions, or other requirements of a Solicitation Document; or (c) Agree to terms and conditions governing the procurement, such as procedures that ODOT may use to attribute, authenticate or verify the accuracy of an Electronic Offer, or the actions that constitute an electronic or digital Signature. (7) Offer Process. ODOT may specify that persons must submit an Electronic Offer by a particular date and time. (8) Receipt of Electronic Offers: (a) If ODOT permits Electronic Offers in the Solicitation Document, the Offeror may submit Electronic Offers in accordance with the Solicitation Document. ODOT shall not consider Electronic Offers unless authorized by the Solicitation Document; (b) When ODOT conducts an Electronic Procurement that provides that all Electronic Offers must be submitted by a particular date and time, ODOT shall receive the Electronic Offers in accordance with OAR chapter 731 division 5; (c) A person may withdraw an Electronic Offer at any time prior to the specified date and time in accordance with Solicitation Documents. (9) Failure of the Electronic Procurement System. In the event of a failure of ODOT’s Electronic Procurement System that interferes with the ability of Persons to submit Electronic Offers, protest or to otherwise participate in the procurement, the contracting agency may cancel the procurement in accordance with OAR 731-005-0730, or may extend the date and time for receipt of Electronic Offers by providing notice of the extension immediately after the Electronic Procurement System becomes available. Statutory/Other Authority: ORS 184.619 & 279A.065 Statutes/Other Implemented: ORS 279A.065 & ORS 279C.365 History: DOT 1-2024, amend filed 05/09/2024, effective 06/01/2024 DOT 6-2022, amend filed 05/24/2022, effective 05/24/2022 DOT 4-2007, f. & cert. ef. 5-23-07