justicedao/ipfs_state_laws huggingface dataset:
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 authorize facsimile Offers unless the Contracting Agency has established a method for receipt of such security. Prior to authorizing the submission of facsimile Offers, the Contracting Agency shall determine that the Contracting Agency's equipment and personnel are capable of receiving the size and volume of anticipated Offers within a short period of time. In addition, the Contracting Agency shall establish administrative procedures and controls: (a) To receive, identify, record and safeguard facsimile Offers; (b) To ensure timely delivery of Offers to the location of Opening; and (c) To preserve the Offers as sealed. (2) Provisions To Be Included in Solicitation Document. In addition to all other requirements, if the Contracting Agency authorizes a facsimile Offer for Bids or Proposals, the Contracting Agency shall include in the Solicitation Document (other than in a Request for Quotes) the following: (a) A provision substantially in the form of the following: “A ‘facsimile Offer,’ as used in this Solicitation Document, means an Offer, modification of an Offer, or withdrawal of an Offer that is transmitted to and received by the Contracting Agency via a facsimile machine”; (b) A provision substantially in the form of the following: “Offerors may submit facsimile Offers in response to this Solicitation Document. The entire response must arrive at the place and by the time specified in this Solicitation Document.”; (c) A provision that requires Offerors to Sign their facsimile Offers; (d) A provision substantially in the form of the following: “The Contracting Agency reserves the right to Award the Contract solely on the basis of the facsimile Offer. However, upon the Contracting Agency's request the apparent successful Offeror shall promptly submit its complete original Signed Offer.”; (e) The data and compatibility characteristics of the Contracting Agency's receiving facsimile machine as follows: (A) Telephone number; and (B) Compatibility characteristics, e.g., make and model number, receiving speed, communications protocol; and (f) A provision that the Contracting Agency is not responsible for any failure attributable to the transmission or receipt of the facsimile Offer including, but not limited to the following: (A) Receipt of garbled or incomplete documents; (B) Availability or condition of the receiving facsimile machine; (C) Incompatibility between the sending and receiving facsimile machine; (D) Delay in transmission or receipt of documents; (E) Failure of the Offeror to properly identify the Offer documents; (F) Illegibility of Offer documents; and (G) Security and confidentiality of data. Statutory/Other Authority: ORS 279A.065 Statutes/Other Implemented: ORS 279C.365 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
137-049-0310 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 also be published in a trade newspaper of general statewide circulation, and may post notices of intent to Award electronically as provided by ORS 279C.410(7). (2) Alternative Procedures. In the event that a Contracting Agency 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(1)(d), it shall first promulgate supporting procedures substantially in conformance with OAR 137-047-0330 (Electronic Procurement under ORS Chapter 279B), 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 Contracting Agencies from making procurement documents for Public Improvement Contracts available in electronic format as well as in hard copy when Bids are to be submitted only in hard copy. See ORS 279C.365(2). Statutory/Other Authority: ORS 279A.065 Statutes/Other Implemented: ORS 279C.365 History: DOJ 19-2007, f. 12-28-07, cert. ef. 1-1-08 DOJ 20-2005, f. 12-27-05, cert. ef. 1-1-06 DOJ 11-2004, f. 9-1-04, cert. ef. 3-1-05
137-049-0320 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, unless otherwise specified in the Solicitation Document. Any modification must include the Offeror's statement that the modification amends and supersedes the prior Offer. The Offeror shall mark the submitted modification as follows: (a) Bid (or Proposal) Modification; and (b) Solicitation Number (or Other Identification as specified in the Solicitation Document). (2) Withdrawals. (a) An Offeror may withdraw its Offer by Written notice submitted on the Offeror's letterhead, Signed by an authorized representative of the Offeror, delivered to the location specified in the Solicitation Document (or the place of Closing if no location is specified), and received by the Contracting Agency prior to the Closing. The Offeror or authorized representative of the Offeror may also withdraw its Offer in Person prior to the Closing, upon presentation of appropriate identification and satisfactory evidence of authority. (b) The Contracting Agency may release an unopened Offer withdrawn under subsection 2(a) to the Offeror or its authorized representative, after voiding any date and time stamp mark. (c) The Offeror shall mark the Written request to withdraw an Offer as follows: (A) Bid (or Proposal) Withdrawal; and (B) Solicitation Number (or Other Identification as specified in the Solicitation Document). (3) Documentation. The Contracting Agency shall include all documents relating to the modification or withdrawal of Offers in the appropriate solicitation file. Statutory/Other Authority: ORS 279A.065 Statutes/Other Implemented: ORS 279C.360, 279C.365, 279C.375 & 279C.395 History: DOJ 15-2009, f. 12-1-09, cert. ef. 1-1-10 DOJ 20-2005, f. 12-27-05, cert. ef. 1-1-06 DOJ 11-2004, f. 9-1-04, cert. ef. 3-1-05
137-049-0330 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 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 137-049-0320. In the case of Invitations to Bid, to the extent practicable, the Contracting Agency shall read aloud the name of each Bidder, the Bid price(s), and such other information as the Contracting Agency considers appropriate. In the case of Requests for Proposals or voluminous Bids, if the Solicitation Document so provides, the Contracting Agency will not read Offers aloud. (3) Availability. After Opening, the Contracting Agency shall make Bids available for public inspection, but pursuant to ORS 279C.410 Proposals are not required to be available for public inspection until after notice of intent to award is issued. In any event Contracting Agencies may withhold from disclosure those portions of an Offer that the Offeror designates as trade secrets or as confidential proprietary data in accordance with applicable law. See ORS 192.345(2); 646.461 to 646.475. To the extent the Contracting Agency determines such designation is not in accordance with applicable law, the Contracting Agency shall make those portions available for public inspection. The Offeror shall separate information designated as confidential from other nonconfidential information at the time of submitting its Offer. Prices, makes, model or catalog numbers of items offered, scheduled delivery dates, and terms of payment are not confidential, and shall be publicly available regardless of an Offeror's designation to the contrary. Statutory/Other Authority: ORS 279A.065 Statutes/Other Implemented: ORS 279C.365, ORS 279C.375 & ORS 279C.395 History: DOJ 13-2019, minor correction filed 11/04/2019, effective 11/04/2019 DOJ 15-2009, f. 12-1-09, cert. ef. 1-1-10 DOJ 20-2005, f. 12-27-05, cert. ef. 1-1-06 DOJ 11-2004, f. 9-1-04, cert. ef. 3-1-05
137-049-0340 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 modifications except as permitted in OAR 137-049-0350 or 137-049-0390. Statutory/Other Authority: ORS 279A.065 Statutes/Other Implemented: ORS 279C.365, 279C.375 & 279C.395 History: DOJ 11-2004, f. 9-1-04, cert. ef. 3-1-05
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, and Rules for Alternative Contracting Methods at 137-049-0600 to 137-049-0690.) (2) Bid Evaluation Criteria. Invitations to Bid may solicit lump-sum Offers, unit-price Offers or a combination of the two. (a) Lump Sum. If the ITB requires a lump-sum Bid, without additive or deductive alternates, or if the Contracting Agency elects not to award additive or deductive alternates, Bids must 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 total Bid price must be calculated by adding to or deducting from the base Bid those alternates selected by the Contracting Agency, for the purpose of comparing Bids. (b) Unit Price. If the Bid includes unit pricing for estimated quantities, the total Bid price must 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 the Contracting Agency, for the purpose of comparing Bids. Contracting Agencies shall specify within the Solicitation Document the estimated quantity of the procurement to be used for determination of the low Bidder. In the event of mathematical discrepancies between unit price and any extended price calculations submitted by the Bidder, the unit price governs. (See OAR 137-049-0350(2)(b).) (3) Proposal Evaluation Criteria. If the Contracting Agency's Contract Review Authority has exempted the Procurement of a Public Improvement from the competitive bidding requirements of ORS 279C.335(1), and has directed the Contracting Agency to use an Alternative Contracting Method under 279C.335(4), the Contracting Agency shall set forth the evaluation criteria in the Solicitation Documents. (See OAR 137-049-0640, 137-049-0650, 137-049-0670, 137-049-0690, ORS 279C.335 and 279C.405.) Statutory/Other Authority: ORS 279A.065, OL 2011 & ch 458 Statutes/Other Implemented: ORS 279C.335, OL 2011 & ch 458 History: DOJ 2-2015, f. & cert. ef. 2-3-15 Reverted to DOJ 10-2011, f. 11-29-11, cert. ef. 1-1-12 DOJ 10-2014(Temp), f. & cert. ef. 7-1-14 thru 12-26-14 DOJ 10-2011, f. 11-29-11, cert. ef. 1-1-12 DOJ 20-2005, f. 12-27-05, cert. ef. 1-1-06 DOJ 11-2004, f. 9-1-04, cert. ef. 3-1-05
137-049-0395 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 otherwise, a notice of the Contracting Agency's intent to Award the Contract. This requirement does not apply to Award of a small or intermediate (informal competitive quotes) Public Improvement Contract awarded under 279C.335(1)(c) or (d). (2) Form and Manner of Posting. The form and manner of posting notice shall conform to customary practices within the Contracting Agency's procurement system, and may be made electronically. (3) Finalizing Award. The Contracting Agency's Award shall not be final until the later of the following: (a) Seven Days after the date of the notice, unless the Solicitation Document provided a different period for protest; or (b) The Contracting Agency provides a Written response to all timely-filed protests that denies the protest and affirms the Award. (4) Prior Notice Impractical. Posting of notice of intent to award shall not be required when the Contracting Agency determines that it is impractical due to unusual time constraints in making prompt Award for its immediate procurement needs, documents the Contract file as to the reasons for that determination, and posts notice of that action as soon as reasonably practical. Statutory/Other Authority: ORS 279A.065 Statutes/Other Implemented: ORS 279C.375 History: DOJ 27-2023, amend filed 12/27/2023, effective 01/02/2024 DOJ 19-2007, f. 12-28-07, cert. ef. 1-1-08 DOJ 20-2005, f. 12-27-05, cert. ef. 1-1-06
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 specified in the Solicitation Document. (2) Extension of Acceptance Time. A Contracting Agency may request, orally or in Writing, that Offerors extend, in Writing, the time during which the Contracting Agency may consider and accept 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 279C.375 History: DOJ 11-2004, f. 9-1-04, cert. ef. 3-1-05
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 Contracting Agency and Contractor may modify the resulting Contract only by change order or amendment to the Contract in accordance with 137-049-0910. (2) Requests for Proposals. A Contracting Agency may conduct discussions or negotiations with Proposers only in accordance with the requirements of OAR 137-049-0650. Statutory/Other Authority: ORS 279A.065 Statutes/Other Implemented: ORS 279C.340 & 279C.375 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
137-049-0460 Performance and Payment Security; Waiver (1) Public Improvement Contracts. Unless the required performance bond is waived under ORS 279C.380(1)(a), excused in cases of emergency under 279C.380(4), or unless the Contracting Agency's Contract Review Authority exempts a Contract or classes of contracts from the required performance bond and payment bond pursuant to 279C.390, the Contractor shall execute and deliver to the Contracting Agency a performance bond and a payment bond each in a sum equal to the Contract Price for all Public Improvement Contracts. This requirement applies only to Public Improvement Contracts with a value, estimated by the Contracting Agency, of more than $100,000 or, in the case of Contracts for highways, bridges and other transportation projects, more than $50,000. See 279C.380(5). Under 279C.390(3)(b) the Director of the Oregon Department of Transportation may reduce the performance bond amount for contracts financed from the proceeds of bonds issued under 367.620(3)(a). Also see OAR 137-049-0815 and BOLI rules at 839-025-0015 regarding the separate requirement for a Public Works bond. (2) Other Construction Contracts. A Contracting Agency may require performance security for other construction Contracts that are not Public Improvement Contracts. Such requirements shall be expressly set forth in the Solicitation Document. (3) Requirement for Surety Bond. The Contracting Agency shall accept only a performance bond furnished by a surety company authorized to do business in Oregon unless otherwise specified in the Solicitation Document (i.e., the Contracting Agency may accept a cashier's check or certified check in lieu or all or a portion of the required performance bond if specified in the Solicitation Document). The payment bond must be furnished by a surety company authorized to do business in Oregon, and in an amount equal to the full Contract Price. (4) Time for Submission. The apparent successful Offeror must promptly furnish the required performance security upon the Contracting Agency's request. If the Offeror fails to furnish the performance security as requested, the Contracting Agency may reject the Offer and Award the Contract to the Responsible Bidder with the next lowest Responsive Bid or the Responsible Proposer with the next highest-scoring Responsive Proposal, and, at the Contracting Agency's discretion, the Offeror shall forfeit its Bid or Proposal security. Statutory/Other Authority: ORS 279A.065 Statutes/Other Implemented: ORS 279C.375, 279C.380 & 279C.390 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
137-049-0470 Substitute Contractor If the Contractor provided a performance bond, the Contracting Agency may afford the Contractor's surety the opportunity to provide a substitute contractor to complete performance of the Contract. A substitute contractor shall perform all remaining Contract Work and comply with all terms and conditions of the Contract, including the provisions of the performance bond and the payment bond. Such substitute performance does not involve the Award of a new Contract and shall not be subject to the competitive Procurement provisions of ORS Chapter 279C. Statutory/Other Authority: ORS 279A.065 Statutes/Other Implemented: ORS 279C.365, 279C.370, 279C.375, 279C.380 & 279C.390 History: DOJ 11-2004, f. 9-1-04, cert. ef. 3-1-05
137-049-0490 Foreign Contractor If the Contract Price exceeds $10,000 and the Contractor is a Foreign Contractor, the Contractor shall promptly report to the Oregon Department of Revenue on forms provided by the Department of Revenue, the Contract Price, terms of payment, Contract duration and such other information as the Department of Revenue may require before final payment can be made on the Contract. A copy of the report shall be forwarded to the Contracting Agency. The Contracting Agency Awarding the Contract shall satisfy itself that the above requirements have been complied with before it issues final payment on the Contract. Statutory/Other Authority: ORS 279A.065 Statutes/Other Implemented: ORS 279A.120 History: DOJ 11-2004, f. 9-1-04, cert. ef. 3-1-05
137-049-0600 Purpose OAR 137-049-0600 to 137-049-0690 are intended to provide guidance to Contracting Agencies regarding the use of Alternative Contracting Methods for Public Improvement Contracts, as may be directed by a Contracting Agency's Contract Review Authority under ORS 279C.335. These Alternative Contracting Methods include, but are not limited to, the following forms of contracting: Design-Build, Energy Performance and the Construction Manager/General Contractor Method. To the extent any such Alternative Contracting Methods are utilized within the competitive bidding process set forth in 279C.335(1), these OAR 137-049-0600 to 137-049-0690 rules are advisory only and may be used or referred to by a Contracting Agency in whole, in part or not at all, within the discretion of the Contracting Agency. As to EPC contracting, OAR 137-049-0600 to 137-049-0690 sets forth the Model Rules for use by all Contracting Agencies to enter into Energy Performance Contracts pursuant to ORS 279C.335(1)(f). As to contracting for Construction Manager/General Contractor Services requiring an exemption from competitive bidding under 279C.335(2), OAR 137-049-0600 to 137-049-0690 include mandatory and optional provisions pertaining to the procurement of Construction Manager/General Contractor Services, pursuant to the requirements of ORS 279C.337. Statutory/Other Authority: ORS 279C.335, 279A.065 & 351.086 Statutes/Other Implemented: ORS 279C.335, 279A.065, 351.086 & 279C.337 History: DOJ 1-2026, amend filed 01/21/2026, effective 01/21/2026 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
137-049-0645 Requests for Qualifications As provided by ORS 279C.405(1), Contracting Agencies may utilize a Request for Qualifications (“RFQ”) to obtain information useful in the preparation or distribution of a Request for Proposals (“RFP”). When using an RFQ as the first step in a two-step solicitation process, in which distribution of the RFPs will be limited to the firms identified as most qualified through their submitted statements of qualification, Contracting Agencies shall first advertise and provide notice of the RFQ in the same manner in which RFPs are advertised, specifically stating that RFPs will be distributed only to the firms selected in the RFQ process. In such cases the Contracting Agencies shall also provide within the RFQ a protest provision substantially in the form of OAR 137-049-0450(5) regarding protests of the Competitive Range. Thereafter, contracting agencies may distribute RFPs to the selected firms without further advertisement of the solicitation. Statutory/Other Authority: ORS 279C.405 & 279A.065 Statutes/Other Implemented: ORS 279C.405 History: DOJ 27-2023, amend filed 12/27/2023, effective 01/02/2024 DOJ 15-2009, f. 12-1-09, cert. ef. 1-1-10 DOJ 19-2007, f. 12-28-07, cert. ef. 1-1-08 DOJ 20-2005, f. 12-27-05, cert. ef. 1-1-06