justicedao/ipfs_state_laws huggingface dataset:
731-005-0480 Brand Name Products (1) Generally. ODOT's Solicitation Document shall not expressly or implicitly require any product by brand name or mark, nor shall it require the product of any particular manufacturer or seller, except pursuant to an exemption granted under ORS 279C.345. (2) Equivalents. ODOT may identify products by brand names as long as the following language: "approved equal," "or equal," "approved equivalent," "or equivalent" or similar language is included in the Solicitation Document. ODOT shall determine, at its sole discretion, whether an Offeror's alternate product is "equal" or "equivalent." Statutory/Other Authority: ORS 184.619, 279A.050 & 279A.065 Statutes/Other Implemented: ORS 279C.345 History: DOT 4-2018, amend filed 04/26/2018, effective 04/26/2018 DOT 2-2005, f. 2-16-05, cert. ef. 3-1-05
731-005-0490 Bids Are Offers (1) Offer and Acceptance. The Bid is the Bidder's Offer to enter into a Contract. The Offer is a "Firm Offer," i.e., the Offer shall be held open by the Offeror for ODOT's acceptance for the period specified in OAR 731-005-0630. ODOT's award of the Contract constitutes acceptance of the Offer and binds the Offeror to the Contract. (2) Responsive Offer. ODOT may award a Contract only to a Responsible Offeror with a Responsive Offer. (3) Contingent Offers. Except to the extent the Offeror is authorized to propose certain terms and conditions pursuant to OAR 731-005-0470 and 731-005-0650, an Offeror shall not make its Offer contingent upon ODOT's acceptance of any terms or conditions (including Specifications) other than those contained in the Solicitation Document. (4) Offeror's Acknowledgement. By signing and returning the Offer, the Offeror acknowledges it has read and understands the terms and conditions contained in the Solicitation Document and that it accepts and agrees to be bound by the terms and conditions of the Solicitation Document. Statutory/Other Authority: ORS 184.619, 279A.050 & 279A.065 Statutes/Other Implemented: ORS 279C.375, 279C.395 & 279C.440 History: DOT 1-2024, amend filed 05/09/2024, effective 06/01/2024 DOT 4-2018, amend filed 04/26/2018, effective 04/26/2018 DOT 2-2005, f. 2-16-05, cert. ef. 3-1-05
731-005-0530 Offer Preparation (1) Instructions. An Offeror shall submit and Sign its Offer in accordance with the Solicitation Document. An Offeror shall initial and submit any correction or erasure to its Offer prior to the Opening in accordance with the requirements for submitting an Offer under the Solicitation Document. (2) Forms. An Offeror shall submit its Offer on the form(s) provided in the Solicitation Document, unless an Offeror is otherwise instructed in the Solicitation Document. (3) Documents. An Offeror shall provide ODOT with all documents and Descriptive Literature required under the Solicitation Document. (4) EDI or Electronic Submissions. If the Solicitation Document permitted EDI or Electronic Offers under OAR 731-005-0470(3)(a)(D), an Offeror may submit its Offer by EDI or Electronic submissions. ODOT shall not consider EDI or Electronic Offers unless authorized by the Solicitation Document. Statutory/Other Authority: ORS 184.619, 279A.050 & 279A.065 Statutes/Other Implemented: ORS 279C.365 History: DOT 1-2024, amend filed 05/09/2024, effective 06/01/2024 DOT 4-2007, f. & cert. ef. 5-23-07 DOT 2-2005, f. 2-16-05, cert. ef. 3-1-05
731-005-0540 Offeror Submissions (1) Product Samples and Descriptive Literature. ODOT may require Product Samples or Descriptive Literature if it is necessary or desirable to evaluate the quality, features or characteristics of the offered items. ODOT will dispose of Product Samples, or return or make available for return Product Samples to the Offeror in accordance with the Solicitation Document. (2) Identification of Offers: (a) To ensure proper identification and handling, Offers shall be submitted in a sealed envelope appropriately marked. If ODOT permits Electronic Offers in the Solicitation Document, the Offeror may submit and identify Electronic Offers in accordance with the Solicitation Document; (b) ODOT is not responsible for Offers submitted in any manner, format or to any delivery point other than as required in the Solicitation Document. (3) Receipt of Offers. The Offeror is responsible for ensuring ODOT receives its Offer at the required delivery point prior to the Closing, regardless of the method used to submit or transmit the Offer. Statutory/Other Authority: ORS 184.619, 279A.050 & 279A.065 Statutes/Other Implemented: ORS 279C.365 History: DOT 1-2024, amend filed 05/09/2024, effective 06/01/2024 DOT 4-2007, f. & cert. ef. 5-23-07 DOT 2-2005, f. 2-16-05, cert. ef. 3-1-05
731-005-0550 Bid Security (1) Security Amount. If ODOT requires Bid security, it shall be 10% of the Offeror's Bid. ODOT shall not use Bid security to discourage competition. ODOT shall clearly state any Bid security requirements in its Solicitation Document. The Offeror shall forfeit Bid security after Award if the Offeror fails to execute the Contract and promptly return it with any required performance bond, payment bond and any required proof of insurance. See ORS 279C.365(5) and 279C.385. (2) Requirement for Bid Security. Unless ODOT has otherwise exempted a solicitation or class of solicitations from Bid security pursuant to ORS 279C.390, ODOT shall require Bid security for its solicitation of Bids for Public Improvements. This requirement applies only to Highway Construction Contracts with a value, estimated by ODOT, of more than $50,000. See ORS 279C.365(6). ODOT may require Bid security even if it has exempted a class of solicitations from Bid security. (3) Form of Bid Security. ODOT may accept only the following forms of Bid Security: (a) A surety bond from a surety company authorized to do business in the State of Oregon. If a surety bond is submitted, ODOT’s standard Bid bond form must be used, which is included with the Bid booklet. The original bond must be submitted with the surety company’s seal affixed, or in the case of an Electronic Offer, an electronic version of the bid bond may be submitted. (b) An irrevocable letter of credit issued by an insured institution as defined in ORS 706.008; or (c) A cashier’s check or Offeror’s certified check made out to the Oregon Department of Transportation. (4) Return of Security. ODOT shall return or release the Bid security of all unsuccessful Offerors after a Contract has been fully executed and all required bonds and insurance have been provided, or after all Offers have been rejected. ODOT may return the Bid security of unsuccessful Offerors prior to Award if the return does not prejudice Contract Award and the security of at least the Bidders with the three lowest Bids is retained pending execution of a Contract. Statutory/Other Authority: ORS 184.619, 279A.050 & 279A.065 Statutes/Other Implemented: ORS 279C.365, 279C.380, 279C.385, 279C.390 & 279C.400 History: DOT 1-2024, amend filed 05/09/2024, effective 06/01/2024 DOT 3-2008, f. & cert. ef. 5-19-08 DOT 7-2007(Temp), f. & cert. ef. 12-24-07 thru 6-9-08 DOT 4-2007, f. & cert. ef. 5-23-07 DOT 2-2005, f. 2-16-05, cert. ef. 3-1-05
731-005-0560 Pre-Bid Conferences (1) Purpose. ODOT may hold pre-Bid conferences with prospective Offerors prior to Closing, to explain the procurement requirements, obtain information, or to conduct site inspections. (2) Required Attendance. ODOT may require attendance at the pre-Bid conference as a condition for making an Offer. (3) Scheduled Time. If ODOT holds a pre-Bid conference, it shall be held within a reasonable time after the Solicitation Document has been issued, but sufficiently before the Closing to allow Offerors to consider information provided at that conference. (4) Statements Not Binding. Statements made by ODOT's representative at the pre-Bid conference do not change the Solicitation Document unless ODOT confirms such statements with a Written Addendum to the Solicitation Document. (5) Agency Announcement. ODOT must set forth notice of any pre-Bid conference in the Solicitation Document in accordance with OAR 731-005-0470(3)(a)(A). Statutory/Other Authority: ORS 184.619, 279A.050 & 279A.065 Statutes/Other Implemented: ORS 279C.365 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
731-005-0570 Solicitation Protest; Request for Change; Request for Clarification (1) Protest. (a) Delivery. An Offeror may protest Specifications or Contract terms and conditions. Unless otherwise specified in the Solicitation Document, an Offeror must deliver a Written protest to ODOT not less than 10 Days prior to Closing. (b) Content of Protest. (A) An Offeror's Written protest shall include: (i) A detailed statement of the legal and factual grounds for the protest; (ii) A description of the resulting prejudice to the Offeror; and (iii) A statement of the desired changes to the Contract terms and conditions, including Specifications. (B) An Offeror shall mark its protest as follows: (i) Solicitation Specification or Contract Provision Protest; and (ii) Solicitation Document Number (or Other Identification as specified in the Solicitation Document). (2) Request for Change. (a) Delivery. An Offeror may request in Writing a change to the Specifications or Contract terms and conditions. Unless otherwise specified in the Solicitation Document, an Offeror must deliver the Written request for change to ODOT not less than 10 Days prior to Closing; (b) Content of Request or Change. (A) An Offeror's Written request for change shall include a statement of the requested changes to the Contract terms and conditions, including Specifications together with the reason for the requested change. (B) An Offeror shall mark its request for change as follows: (i) Solicitation Specification or Contract Provision Request for Change; and (ii) Solicitation Document Number (or Other Identification as specified in the Solicitation Document). (3) Agency response. ODOT is not required to consider an Offeror's request for change or protest after the deadline established for submitting such request or protest. ODOT shall provide notice to the applicable Entity if it entirely rejects a protest. If ODOT agrees with the Entity's request or protest, in whole or in part, ODOT shall either issue an Addendum reflecting its determination under OAR 731-005-0580 or cancel the Solicitation under OAR 731-005-0720. (4) Extension of Closing. If ODOT receives a Written request for change or protest from an Offeror in accordance with this rule, ODOT may extend Closing if ODOT determines an extension is necessary to consider the request or protest and to issue an Addendum, if any, to the Solicitation Document. (5) Clarification. Prior to the deadline for submitting a Written request for change or protest, an Offeror may request that ODOT clarify any provision of the Solicitation Document. ODOT's clarification to an Offeror, whether orally or in Writing, does not change the Solicitation Document and is not binding on ODOT unless ODOT amends the Solicitation Document by Addendum. Statutory/Other Authority: ORS 184.616, 184.619, 279A.050 & 279A.065 Statutes/Other Implemented: ORS 279C.305, 279C.345, 279C.365 & 279C.460 History: DOT 2-2005, f. 2-16-05, cert. ef. 3-1-05
731-005-0580 Addenda to a Solicitation Document (1) Issuance; Receipt. ODOT may change a Solicitation Document only by Written Addenda. (2) Notice and Distribution. ODOT shall notify prospective Offerors of Addenda consistent with the standards of notice set forth in OAR 731-005-0520(1). The Solicitation Document shall specify how ODOT will provide notice of Addenda and how ODOT will make the Addenda available as required by OAR 731-005-0470(3)(a)(N). (3) Timelines; Extensions. ODOT shall issue Addenda within a reasonable time to allow prospective Offerors to consider the Addenda in preparing their Offers. ODOT should extend the Closing if ODOT determines prospective Offerors need additional time to review and respond to Addenda. Except to the extent required by public interest, ODOT shall not issue Addenda less than 48 hours before the Closing unless the Addendum also extends the Closing. (4) Request for Change or Protest. Unless a different deadline is set forth in the Addendum, an Offeror may submit a Written request for change or protest to the Addendum as provided in OAR 731-005-0570(2) through (5), within 24 hours following issuance of the Addendum, or up to the last day allowed to submit a request for change or protest under OAR 731-005-0570, whichever date is later. ODOT shall consider only an Offeror's request for change or protest to the Addendum; ODOT shall not consider a request for change or protest to matters not added or modified by the Addendum. Statutory/Other Authority: 184.619, 279A.050 & 279A.065 Statutes/Other Implemented: ORS 279A.065 & 279C.395 History: DOT 6-2022, amend filed 05/24/2022, effective 05/24/2022 DOT 2-2005, f. 2-16-05, cert. ef. 3-1-05
731-005-0590 Pre-Opening Modification or Withdrawal of Offers (1) Electronic Offers: Modifications or Withdrawals of Electronic Offers. Offeror may modify or withdraw an offer prior to closing time as instructed in the Solicitation documents. The most recent Offer will be the final Offer. (2) Paper Offers: (a) 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 ODOT in accordance with OAR 731-005-0530 and 731-005-0540, 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 Modification; and (B) Solicitation Number (or Other Identification as specified in the Solicitation Document). (b) Withdrawals: (A) An Offeror may withdraw its Offer by Written notice submitted on the Offeror's letterhead, including the Offeror's Bid document number if one has been assigned, Signed by an individual who is authorized to sign the Offer, delivered to the location specified in the Solicitation Document (or the place of Closing if no location is specified), and received by ODOT prior to the Closing. Proof of authorization to sign the Offer must accompany the withdrawal request. 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) ODOT may release an unopened Offer, withdrawn under paragraph (A) of this subsection, 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: (i) Bid Withdrawal; and (ii) Solicitation Number (or Other Identification as specified in the Solicitation Document). (3) Documentation. ODOT shall include all documents relating to the modification or withdrawal of Offers in the appropriate solicitation file. Statutory/Other Authority: ORS 184.619, 279A.050 & 279A.065 Statutes/Other Implemented: ORS 279A.065, 279C.360, 279C.365, 279C.375 & 279C.395 History: DOT 1-2024, amend filed 05/09/2024, effective 06/01/2024 DOT 4-2007, f. & cert. ef. 5-23-07 DOT 2-2005, f. 2-16-05, cert. ef. 3-1-05
731-005-0600 Receipt, Opening, and Recording of Offers (1) Receipt. ODOT shall electronically or mechanically time-stamp or hand-mark each Offer and any modification upon receipt, or provide a self-time-stamping device for use by Offerors for these purposes. ODOT shall not open the Bid Price Offer or modification upon receipt, but shall maintain it as confidential and secure until Opening. If ODOT inadvertently opens a Bid or a modification prior to the Opening, ODOT shall return the Bid or modification to its secure and confidential state until Opening. ODOT 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. ODOT shall publicly open Bid including any modifications made to the Offer pursuant to OAR 731-005-0590. To the extent practicable, ODOT shall read aloud the name of each Bidder, the total of each Bid, and such other information as ODOT considers appropriate. (3) Availability. After Opening, ODOT shall make Bids available for public inspection. In any event, ODOT 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 ODOT determines such designation is not in accordance with applicable law, ODOT shall make those portions available for public inspection. The Offeror shall separate information designated as confidential from other non-confidential 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 184.619, 279A.050 & 279A.065 Statutes/Other Implemented: ORS 279C.365 & 279C.410 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 4-2018, amend filed 04/26/2018, effective 04/26/2018 DOT 2-2007, f. & cert. ef. 1-24-07 DOT 6-2006(Temp), f. 7-31-06, cert. ef. 8-1-06 thru 1-27-07 DOT 2-2005, f. 2-16-05, cert. ef. 3-1-05
731-005-0610 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. ODOT shall not consider late Offers, withdrawals or modifications except as permitted in OAR 731-005-0620 or 731-005-0650. Statutory/Other Authority: ORS 184.616, 184.619, 279A.050 & 279A.065 Statutes/Other Implemented: ORS 279C.365 & 279C.395 History: DOT 2-2005, f. 2-16-05, cert. ef. 3-1-05
731-005-0620 Mistakes (1) General. To protect the integrity of the competitive solicitation process and to assure fair treatment of Offerors, ODOT shall carefully consider whether to permit waiver, correction or withdrawal for certain mistakes. (2) Agency Treatment of Mistakes. ODOT shall not allow an Offeror to correct or withdraw an Offer for an error in judgment. If ODOT discovers certain mistakes in an Offer after Opening, but before award of the Contract, ODOT may take the following action: (a) ODOT may waive, or permit an Offeror to correct, a minor informality. A minor informality is a matter of form rather than substance that is evident on the face of the Offer, or an insignificant mistake that can be waived or corrected without prejudice to other Offerors. Examples of minor informalities include an Offeror's failure to: (A) Return the correct number of Signed Offers or the correct number of other documents required by the Solicitation Document; (B) Sign the Offer in the designated block, provided a Signature appears elsewhere in the Offer, evidencing an intent to be bound; and (b) ODOT may correct a clerical error if the intended Offer and the error are evident on the face of the Offer, or other documents submitted with the Offer, and the Offeror confirms ODOT's correction in Writing. A clerical error is an Offeror's error in transcribing its Offer. Examples include typographical mistakes, errors in extending unit prices, transposition errors, arithmetical errors, instances in which the intended correct unit or amount is evident by simple arithmetic calculations (for example, a missing unit price may be established by dividing the total price for the units by the quantity of units for that item, or incorrect total price for an item may be established by multiplying the unit price by the quantity when those figures are available in the Offer). In the event of a discrepancy, unit prices shall prevail over extended prices. (c) ODOT may permit an Offeror to withdraw an Offer based on other errors only if the Offeror shows by clear and convincing evidence to the satisfaction of ODOT: (A) The nature of the error on the face of the Offer or documents submitted with the Offer, pursuant to the solicitation requirements; and (B) That the error is not a judgment error, minor informality or clerical error. (3) Rejection for Mistakes. ODOT shall reject any Offer in which a mistake is evident on the face of the Offer and the intended correct Offer is not evident or cannot be substantiated from documents submitted with the Offer, pursuant to solicitation requirements. Statutory/Other Authority: ORS 184.619, 279A.050 & 279A.065 Statutes/Other Implemented: ORS 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
731-005-0630 Time for Agency Acceptance An Offeror's Offer is a Firm Offer, irrevocable, valid and binding on the Offeror for not less than 30 Days from Closing unless otherwise specified in the Solicitation Document. Statutory/Other Authority: ORS 184.616, 184.619, 279A.050 & 279A.065 Statutes/Other Implemented: ORS 279C.375 History: DOT 2-2005, f. 2-16-05, cert. ef. 3-1-05
731-005-0640 Extension of Time for Acceptance of Offer ODOT may request, orally or in Writing, that Offerors extend, in Writing, the time during which ODOT 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 184.616, 184.619, 279A.050 & 279A.065 Statutes/Other Implemented: ORS 279C.375 History: DOT 2-2005, f. 2-16-05, cert. ef. 3-1-05
731-005-0660 Tie Offers (1) Definition. Tie Offers are low tie Responsive Bids from Responsible Bidders. (2) Award. If a Contract arising out of Tie Offers is awarded, ODOT shall award the Contract based on the following order of precedence: (a) For projects not involving federal funds ODOT shall prefer the Offer of the Offeror whose principal offices or headquarters are located in Oregon; (b) If a Tie Offer remains after ODOT applies subsection (a) of this section, ODOT shall award the Contract by drawing lots among any tied Oregon Offerors if no federal funds are a part of the project. Such Offerors shall be given notice and an opportunity to be present when the lots are drawn; or (c) If a Tie Offer remains after ODOT applies subsection (b) of this section and none of the tied Offerors are located in Oregon or the project has federal funding, ODOT shall award the Contract by drawing lots among any tied Offerors. Such Offerors shall be given notice and an opportunity to be present when the lots are drawn. Statutory/Other Authority: ORS 184.619, 279A.050 & 279A.065 Statutes/Other Implemented: ORS 279A.120 & 279C.375 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