reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 49 - MODEL RULES GENERAL PROVISIONS RELATED TO PUBLIC CONTRACTS FOR CONSTRUCTION SERVICES › Section 137-049-0150 - Emergency Contracts; Bidding and Bonding Exemptions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Emergency Declaration. A Contracting
			 Agency may declare that Emergency circumstances exist that require prompt
			 execution of a Public Contract for Emergency construction or repair Work. The
			 declaration shall be made at an administrative level consistent with the
			 Contracting Agency's internal policies, by a Written declaration that describes
			 the circumstances creating the Emergency and the anticipated harm from failure
			 to enter into an Emergency Contract. The Emergency declaration shall be kept on
			 file as a public record.
(2)
			 Competition for Emergency Contracts. Pursuant to ORS
			 279C.320(1),
			 Emergency Contracts are regulated under ORS
			 279B.080, which provides that,
			 for an emergency procurement of construction services, the Contracting Agency
			 shall ensure competition that is reasonable and appropriate under the Emergency
			 circumstances, and may include Written requests for Offers, oral requests for
			 Offers or direct appointments without competition in cases of extreme
			 necessity, in whatever solicitation time periods the Contracting Agency
			 considers reasonable in responding to the Emergency.
(3) Emergency Contract Scope. Although no
			 dollar limitation applies to Emergency Contracts, the scope of the Contract
			 must be limited to Work that is necessary and appropriate to remedy the
			 conditions creating the Emergency as described in the declaration.
(4) Emergency Contract Modification.
			 Emergency Contracts may be modified by change order or amendment to address the
			 conditions described in the original declaration or an amended declaration that
			 further describes additional Work necessary and appropriate for related
			 Emergency circumstances.
(5)
			 Excusing Bonds. Pursuant to ORS
			 279C.380(4) and
			 this rule, the Emergency declaration may also state that the Contracting Agency
			 waives the requirement of furnishing a performance bond and payment bond for
			 the Emergency Contract. After making such an Emergency declaration those
			 bonding requirements are excused for the procurement, but this Emergency
			 declaration does not affect the separate Public Works bond requirement for the
			 benefit of the Bureau of Labor and Industries (BOLI) in enforcing prevailing
			 wage rate and overtime payment requirements. See OAR 137-049-0815  and BOLI
			 rules at OAR 839-025-0015.
Stat. Auth.: ORS
				  279A.065
Stats. Implemented: ORS
				  279B.080,
				  279C.320,
				  279C.380
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 49 - MODEL RULES GENERAL PROVISIONS RELATED TO PUBLIC CONTRACTS FOR CONSTRUCTION SERVICES › Section 137-049-0160 - Intermediate Procurements; Competitive Quotes and Amendments

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
General
. Public Improvement Contracts estimated by the Contracting
			 Agency not to exceed $100,000 may be Awarded in accordance with intermediate
			 level procurement procedures for competitive quotes established by this
			 rule.
(2)
Selection
			 Criteria
. The selection criteria may be limited to price or some
			 combination of price, experience, specific expertise, availability, project
			 understanding, contractor capacity, responsibility and similar
			 factors.
(3)
Request for
			 Quotes
. Contracting Agencies shall utilize Written requests for quotes
			 whenever reasonably practicable. Written Request for Quotes shall include the
			 selection criteria to be utilized in selecting a Contractor and, if the
			 criteria are not of equal value, their relative value or ranking. When
			 requesting quotations orally, prior to requesting the price quote the
			 Contracting Agency shall state any additional selection criteria and, if the
			 criteria are not of equal value, their relative value. For Public Works
			 Contracts, oral quotations may be utilized only in the event that Written
			 copies of the prevailing wage rates are not required by the Bureau of Labor and
			 Industries.
(4)
Number of
			 Quotes; Record Required
. Contracting Agencies shall seek at least three
			 competitive quotes, and keep a Written record of the sources and amounts of the
			 quotes received. If three quotes are not reasonably available the Contracting
			 Agency shall make a Written record of the effort made to obtain those
			 quotes.
(5)
Award
. If
			 Awarded, the Contracting Agency shall Award the Contract to the prospective
			 contractor whose quote will best serve the interests of the Contracting Agency,
			 taking into account the announced selection criteria. If Award is not made to
			 the Offeror offering the lowest price, the Contracting Agency shall make a
			 Written record of the basis for Award.
(6)
Price Increases
.
			 Intermediate level Public Improvement Contracts obtained by competitive quotes
			 may be increased above the original amount of Award by Contracting Agency
			 issuance of a Change to the Work or Amendment, pursuant to OAR 137-049-0910,
			 within the following limitations:
(a) Up to
			 an aggregate Contract Price increase of 25% over the original Contract amount
			 when a Contracting Agency's contracting officer determines that a price
			 increase is warranted for additional reasonably related Work, and;
(b) Up to an aggregate Contract Price
			 increase of 50% over the original Contract amount, when a Contracting Agency's
			 contracting officer determines that a price increase is warranted for
			 additional reasonably related Work and a Contracting Agency official, board or
			 governing body with administrative or review authority over the contracting
			 officer approves the increase.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 49 - MODEL RULES GENERAL PROVISIONS RELATED TO PUBLIC CONTRACTS FOR CONSTRUCTION SERVICES › Section 137-049-0210 - Notice and Advertising Requirements; Posting

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Notice and Distribution Fee. A
			 Contracting Agency shall furnish "Notice" as set forth below in subsections (a)
			 through (c), to a number of Persons sufficient for the purpose of fostering and
			 promoting competition. The Notice shall indicate where, when, how and for how
			 long the Solicitation Document may be obtained and generally describe the
			 Public Improvement project or Work. The Notice may contain any other
			 appropriate information. The Contracting Agency may charge a fee or require a
			 deposit for the Solicitation Document. The Contracting Agency may furnish
			 Notice using any method determined to foster and promote competition,
			 including:
(a) Mailing Notice of the
			 availability of Solicitation Documents to Persons that have expressed an
			 interest in the Contracting Agency's Procurements;
(b) Placing Notice on the Contracting
			 Agency's Electronic Procurement System; or
(c) Placing Notice on the Contracting
			 Agency's Internet Web site.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 49 - MODEL RULES GENERAL PROVISIONS RELATED TO PUBLIC CONTRACTS FOR CONSTRUCTION SERVICES › Section 137-049-0220 - Prequalification of Offerors

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Prequalification. Pursuant to ORS
			 279C.430 and this rule, two
			 types of prequalification are authorized:
(a)
			 Mandatory Prequalification. A Contracting Agency may, by rule, resolution,
			 ordinance or other law or regulation, require mandatory prequalification of
			 Offerors on forms prescribed by the Contracting Agency's Contract Review
			 Authority. A Contracting Agency must indicate in the Solicitation Document if
			 it will require mandatory prequalification. Mandatory prequalification is when
			 a Contracting Agency conditions a Person's submission of an Offer upon the
			 Person's prequalification. The Contracting Agency shall not consider an Offer
			 from a Person that is not prequalified if the Contracting Agency required
			 prequalification.
(b) Permissive
			 Prequalification. A Contracting Agency may prequalify a Person for the
			 Contracting Agency's solicitation list on forms prescribed by the Contracting
			 Agency's Contract Review Authority, but in permissive prequalification the
			 Contracting Agency shall not limit distribution of a solicitation to that
			 list.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 49 - MODEL RULES GENERAL PROVISIONS RELATED TO PUBLIC CONTRACTS FOR CONSTRUCTION SERVICES › Section 137-049-0230 - Eligibility to Bid or Propose; Registration or License

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
Construction Contracts
. A
			 Contracting Agency shall not consider a Person's Offer to do Work as a
			 contractor, as defined in ORS
			 701.005(2),
			 unless the Person has a current, valid certificate of registration issued by
			 the Construction Contractors Board at the time the Offer is made.
(2)
Landscape Contracts
. A
			 Contracting Agency shall not consider a Person's Offer to do Work as a
			 landscape contractor as defined in ORS
			 671.520(2),
			 unless the Person has a current, valid landscape contractors license issued
			 pursuant to 671.560 by the State Landscape
			 Contractors Board at the time the offer is made.
(3)
Noncomplying Entities
. The
			 Contracting Agency shall deem an Offer received from a Person that fails to
			 comply with this rule nonresponsive and shall reject the Offer as stated in ORS
			 279C.365(1)(k),
			 unless contrary to federal law or subject to different timing requirements set
			 by federal funding agencies.
Stat. Auth.: ORS
				  279A.065
Stats. Implemented: ORS
				  279C.365,
				  671.530 &
				  701.055
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 49 - MODEL RULES GENERAL PROVISIONS RELATED TO PUBLIC CONTRACTS FOR CONSTRUCTION SERVICES › Section 137-049-0240 - Pre-Offer Conferences

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
Purpose
. A Contracting Agency may hold pre-Offer conferences with
			 prospective Offerors prior to Closing, to explain the Procurement requirements,
			 obtain information or to conduct site inspections.
(2)
Required attendance
. The
			 Contracting Agency may require attendance at the pre-Offer conference as a
			 condition for making an Offer. Unless otherwise specified in the Solicitation
			 Document, a mandatory attendance requirement is considered to have been met if,
			 at any time during the mandatory meeting, a representative of an offering firm
			 is present.
(3)
Scheduled
			 time
. If a Contracting Agency holds a pre-Offer 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 a Contracting Agency's
			 representative at the pre-Offer conference do not change the Solicitation
			 Document unless the Contracting Agency confirms such statements with a Written
			 Addendum to the Solicitation Document.
(5)
Contracting Agency
			 Announcement
. The Contracting Agency must set forth notice of any
			 pre-Offer conference in the Solicitation Document in accordance with OAR
			 137-049-0200(1)(a)(B).
Stat. Auth.: ORS
				  279A.065
Stats. Implemented: ORS
				  279C.365 &
				  279C.370
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 49 - MODEL RULES GENERAL PROVISIONS RELATED TO PUBLIC CONTRACTS FOR CONSTRUCTION SERVICES › Section 137-049-0250 - Addenda to Solicitation Documents

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
Issuance; Receipt
. The
			 Contracting Agency may change a Solicitation Document only by Written Addenda.
			 An Offeror shall provide Written acknowledgement of receipt of all issued
			 Addenda with its Offer, unless the Contracting Agency otherwise specifies in
			 the Addenda or in the Solicitation Document.
(2)
Notice and Distribution
. The
			 Contracting Agency shall notify prospective Offerors of Addenda consistent with
			 the standards of Notice set forth in OAR 137-049-0210(1). The Solicitation
			 Document shall specify how the Contracting Agency will provide notice of
			 Addenda and how the Contracting Agency will make the Addenda available (see,
			 137-049-0200(1)(a)(N). For example, "Contracting Agency will not mail notice of
			 Addenda, but will publish notice of any Addenda on Contracting Agency's Web
			 site. Addenda may be downloaded off the Contracting Agency's Web site. Offerors
			 should frequently check the Contracting Agency's Web site until closing, i.e.,
			 at least once weekly until the week of Closing and at least once daily the week
			 of the Closing."
(3)
Timelines; Extensions
. The Contracting Agency shall issue Addenda
			 within a reasonable time to allow prospective Offerors to consider the Addenda
			 in preparing their Offers. The Contracting Agency may extend the Closing if the
			 Contracting Agency determines prospective Offerors need additional time to
			 review and respond to Addenda. Except to the extent required by public
			 interest, the Contracting Agency shall not issue Addenda less than 72 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 137-049-0260, by the close of the Contracting Agency's next
			 business day after issuance of the Addendum, or up to the last day allowed to
			 submit a request for change or protest under 137-049-0260, whichever date is
			 later. The Contracting Agency shall consider only an Offeror's request for
			 change or protest to the Addendum; the Contracting Agency shall not consider a
			 request for change or protest to matters not added or modified by the Addendum,
			 unless the Offeror submits the request for change or protest before the
			 deadline for the Contracting Agency's receipt of request for change or protests
			 as set forth in 137-049-0260(2) and (3).
Stat. Auth.: ORS
				  279A.065
Stats. Implemented: ORS
				  279C.395 &
				  279A.065
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 49 - MODEL RULES GENERAL PROVISIONS RELATED TO PUBLIC CONTRACTS FOR CONSTRUCTION SERVICES › Section 137-049-0260 - Request for Clarification or Change; Solicitation Protests

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Clarification.
			 Prior to the deadline for submitting a Written request for change or protest,
			 an Offeror may request that the Contracting Agency clarify any provision of the
			 Solicitation Document. The Contracting Agency's clarification to an Offeror,
			 whether orally or in Writing, does not change the Solicitation Document and is
			 not binding on the Contracting Agency unless the Contracting Agency amends the
			 Solicitation Document by Addendum.
(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 the Contracting Agency not less than 10 Days
			 prior to Closing;
(b) Content of
			 Request for Change.
(A) An Offeror's Written
			 request for change shall include a statement of the requested change(s) to the
			 Contract terms and conditions, including any Specifications, together with the
			 reason for the requested change.
(B) An Offeror shall mark its request for
			 change as follows:
(i) "Contract Provision
			 Request for Change"; and
(ii)
			 Solicitation Document number (or other identification as specified in the
			 Solicitation Document).
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 49 - MODEL RULES GENERAL PROVISIONS RELATED TO PUBLIC CONTRACTS FOR CONSTRUCTION SERVICES › Section 137-049-0270 - Cancellation of Solicitation Document

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Cancellation in the Public Interest. A
			 Contracting Agency may cancel a solicitation for good cause if the Contracting
			 Agency finds that cancellation is in the public interest. The Contracting
			 Agency's reasons for cancellation shall be made part of the solicitation
			 file.
(2) Notice of Cancellation.
			 If the Contracting Agency cancels a solicitation prior to Opening, the
			 Contracting Agency shall provide Notice of cancellation in accordance with OAR
			 137-049-0210(1). Such notice of cancellation shall:
(a) Identify the solicitation;
(b) Briefly explain the reason for
			 cancellation; and
(c) If
			 appropriate, explain that an opportunity will be given to compete on any
			 resolicitation.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 49 - MODEL RULES GENERAL PROVISIONS RELATED TO PUBLIC CONTRACTS FOR CONSTRUCTION SERVICES › Section 137-049-0280 - Offer Submissions

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
Offer and Acceptance
. The Bid or Proposal is the Bidder's or
			 Proposer's offer to enter into a Contract.
(a)
			 In competitive bidding and competitive Proposals, the Offer is always a "Firm
			 Offer," i.e., the Offer shall be held open by the Offeror for the Contracting
			 Agency's acceptance for the period specified in OAR 137-049-0410. The
			 Contracting Agency may elect to accept the Offer at any time during the
			 specified period, and the Contracting Agency's Award of the Contract to a
			 Bidder constitutes acceptance of the Offer and binds the Offeror to the
			 Contract.
(b) Notwithstanding the
			 fact that a competitive Proposal is a "Firm Offer" for the period specified in
			 OAR 137-049-0410, the Contracting Agency may elect to discuss or negotiate
			 certain contractual provisions, as identified in these rules or in the
			 Solicitation Document, with the Proposer. See 137-049-0650  on Requests for
			 Proposals and 137-049-0290  on Bid or Proposal Security. Where negotiation is
			 permitted by the rules or the Solicitation Document, Proposers are bound to an
			 obligation to negotiate in good faith and only on those terms that the rules or
			 the Solicitation Document has reserved for negotiation.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 49 - MODEL RULES GENERAL PROVISIONS RELATED TO PUBLIC CONTRACTS FOR CONSTRUCTION SERVICES › Section 137-049-0290 - Bid or Proposal Security

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Security Amount. If a Contracting Agency requires Bid or Proposal security, it
			 shall be not more than 10% or less than 5% of the Offeror's Bid or Proposal,
			 consisting of the base Bid or Proposal together with all additive alternates. A
			 Contracting Agency shall not use Bid or Proposal security to discourage
			 competition. The Contracting Agency shall clearly state any Bid or Proposal
			 security requirements in its Solicitation Document. The Offeror shall forfeit
			 Bid or Proposal 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 (Optional
			 for Proposals). Unless a Contracting Agency has otherwise exempted a
			 solicitation or class of solicitations from Bid security pursuant to ORS
			 279C.390, the Contracting Agency
			 shall require Bid security for its solicitation of Bids for Public
			 Improvements. 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 ORS
			 279C.365(6).
			 The Contracting Agency may require Bid security even if it has exempted a class
			 of solicitations from Bid security. Contracting Agencies may also require
			 Proposal security in RFPs. See ORS
			 279C.400(5).
(3) Form of Bid or Proposal Security. A
			 Contracting Agency may accept only the following forms of Bid or Proposal
			 security:
(a) A surety bond from a surety
			 company authorized to do business in the State of Oregon;
(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.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 49 - MODEL RULES GENERAL PROVISIONS RELATED TO PUBLIC CONTRACTS FOR CONSTRUCTION SERVICES › Section 137-049-0300 - Facsimile Bids and Proposals

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 49 - MODEL RULES GENERAL PROVISIONS RELATED TO PUBLIC CONTRACTS FOR CONSTRUCTION SERVICES › Section 137-049-0310 - Electronic Procurement

Current through Register Vol. 63, No. 7, July 1, 2024
(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).
Stat. Auth.: ORS
				  279A.065
Stats. Implemented: ORS
				  279C.365
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 49 - MODEL RULES GENERAL PROVISIONS RELATED TO PUBLIC CONTRACTS FOR CONSTRUCTION SERVICES › Section 137-049-0320 - Pre-Closing Modification or Withdrawal of Offers

Current through Register Vol. 63, No. 7, July 1, 2024
(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).
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 49 - MODEL RULES GENERAL PROVISIONS RELATED TO PUBLIC CONTRACTS FOR CONSTRUCTION SERVICES › Section 137-049-0330 - Receipt, Opening and Recording of Offers; Confidentiality of Offers

Current through Register Vol. 63, No. 7, July 1, 2024
(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
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 49 - MODEL RULES GENERAL PROVISIONS RELATED TO PUBLIC CONTRACTS FOR CONSTRUCTION SERVICES › Section 137-049-0340 - Late Bids, Late Withdrawals and Late Modifications

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: ORS
				  279A.065
Stats. Implemented: ORS
				  279C.365,
				  279C.375 &
				  279C.395
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 49 - MODEL RULES GENERAL PROVISIONS RELATED TO PUBLIC CONTRACTS FOR CONSTRUCTION SERVICES › Section 137-049-0350 - Mistakes

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Generally. To
			 protect the integrity of the competitive Procurement process and to assure fair
			 treatment of Offerors, a Contracting Agency should carefully consider whether
			 to permit waiver, correction or withdrawal of Offers for certain
			 mistakes.
(2) Contracting Agency
			 Treatment of Mistakes. A Contracting Agency shall not allow an Offeror to
			 correct or withdraw an Offer for an error in judgment. If the Contracting
			 Agency discovers certain mistakes in an Offer after Opening, but before Award
			 of the Contract, the Contracting Agency may take the following action:
(a) A Contracting Agency 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
(C) Acknowledge receipt of an Addendum to the
			 Solicitation Document, provided that it is clear on the face of the Offer that
			 the Offeror received the Addendum and intended to be bound by its terms; or the
			 Addendum involved did not affect price, quality or delivery.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 49 - MODEL RULES GENERAL PROVISIONS RELATED TO PUBLIC CONTRACTS FOR CONSTRUCTION SERVICES › Section 137-049-0360 - First-Tier Subcontractors; Disclosure and Substitution

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Required Disclosure. Within two working
			 hours after the Bid Closing on an ITB for a Public Improvement having a
			 Contract Price anticipated by the Contracting Agency to exceed $100,000, all
			 Bidders shall submit to the Contracting Agency a disclosure form as described
			 by ORS 279C.370(2),
			 identifying any first-tier subcontractors (those Entities that would be
			 contracting directly with the prime contractor) that will be furnishing labor
			 or labor and materials on the Contract, if Awarded, whose subcontract value
			 would be equal to or greater than:
(a) Five
			 percent of the total Contract Price, but at least $15,000; or
(b) $350,000, regardless of the percentage of
			 the total Contract Price.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 49 - MODEL RULES GENERAL PROVISIONS RELATED TO PUBLIC CONTRACTS FOR CONSTRUCTION SERVICES › Section 137-049-0370 - Disqualification of Persons

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Authority. A Contracting Agency may disqualify a Person from consideration of
			 Award of the Contracting Agency's Contracts after providing the Person with
			 notice and a reasonable opportunity to be heard in accordance with sections (2)
			 and (4) of this rule.
(a) Standards for
			 Conduct Disqualification. As provided in ORS
			 279C.440, a Contracting Agency
			 may disqualify a Person for:
(A) Conviction
			 for the commission of a criminal offense as an incident in obtaining or
			 attempting to obtain a public or private contract or subcontract, or in the
			 performance of such contract or subcontract.
(B) Conviction under state or federal
			 statutes of embezzlement, theft, forgery, bribery, falsification or destruction
			 of records, receiving stolen property or any other offense indicating a lack of
			 business integrity or business honesty that currently, seriously and directly
			 affects the Person's responsibility as a contractor.
(C) Conviction under state or federal
			 antitrust statutes.
(D) Violation
			 of a contract provision that is regarded by the Contracting Agency to be so
			 serious as to justify Conduct Disqualification. A violation under this
			 subsection (1)(a)(D) may include but is not limited to material failure to
			 perform the terms of a contract or an unsatisfactory performance in accordance
			 with the terms of the contract. However, a Person's failure to perform or
			 unsatisfactory performance caused by acts beyond the Person's control is not a
			 basis for Disqualification.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 49 - MODEL RULES GENERAL PROVISIONS RELATED TO PUBLIC CONTRACTS FOR CONSTRUCTION SERVICES › Section 137-049-0380 - Bid or Proposal Evaluation Criteria

Current through Register Vol. 63, No. 7, July 1, 2024
(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).)
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 49 - MODEL RULES GENERAL PROVISIONS RELATED TO PUBLIC CONTRACTS FOR CONSTRUCTION SERVICES › Section 137-049-0395 - Notice of Intent to Award

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 49 - MODEL RULES GENERAL PROVISIONS RELATED TO PUBLIC CONTRACTS FOR CONSTRUCTION SERVICES › Section 137-049-0400 - Documentation of Award; Availability of Award Decisions

Current through Register Vol. 63, No. 7, July 1, 2024
(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 solicitation
			 file.
(2) Contents of Award Record
			 for Bids. The Contracting Agency's record shall include:
(a) All submitted Bids;
(b) Completed Bid tabulation sheet;
			 and
(c) Written justification for
			 any rejection of lower Bids.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 49 - MODEL RULES GENERAL PROVISIONS RELATED TO PUBLIC CONTRACTS FOR CONSTRUCTION SERVICES › Section 137-049-0410 - Time for Contracting Agency Acceptance; Extension

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS
				  279A.065
Stats. Implemented: ORS
				  279C.375
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 49 - MODEL RULES GENERAL PROVISIONS RELATED TO PUBLIC CONTRACTS FOR CONSTRUCTION SERVICES › Section 137-049-0420 - Negotiation With Bidders Prohibited

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS
				  279A.065
Stats. Implemented: ORS
				  279C.340 &
				  279C.375
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 49 - MODEL RULES GENERAL PROVISIONS RELATED TO PUBLIC CONTRACTS FOR CONSTRUCTION SERVICES › Section 137-049-0430 - Negotiation When Bids Exceed Cost Estimate

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Generally. In accordance with ORS
			 279C.340,
			 if all Responsive Bids from Responsible Bidders on a competitively Bid Project
			 exceed the Contracting Agency's Cost Estimate, prior to Contract Award the
			 Contracting Agency may negotiate Value Engineering and Other Options with the
			 Responsible Bidder submitting the lowest, Responsive Bid in an attempt to bring
			 the Project within the Contracting Agency's Cost Estimate. The subcontractor
			 disclosure and substitution requirements of OAR 137-049-0360  do not apply to
			 negotiations under this rule.
(2)
			 Definitions. The following definitions apply to this administrative rule:
(a) "Cost Estimate" means the Contracting
			 Agency's most recent pre-Bid, good faith assessment of anticipated Contract
			 costs, consisting either of an estimate of an architect, engineer or other
			 qualified professional, or confidential cost calculation work sheets, where
			 available, and otherwise consisting of formal planning or budgetary
			 documents.
(b) "Other Options"
			 means those items generally considered appropriate for negotiation in the RFP
			 process, relating to the details of Contract performance as specified in OAR
			 137-049-0650, but excluding any material requirements previously announced in
			 the solicitation process that would likely affect the field of
			 competition.
(c) "Project" means a
			 Public Improvement.
(d) "Value
			 Engineering" means the identification of alternative methods, materials or
			 systems which provide for comparable function at reduced initial or life-time
			 cost. It includes proposed changes to the plans, Specifications, or other
			 Contract requirements which may be made, consistent with industry practice,
			 under the original Contract by mutual agreement in order to take advantage of
			 potential cost savings without impairing the essential functions or
			 characteristics of the Public Improvement. Cost savings include those resulting
			 from life cycle costing, which may either increase or decrease absolute costs
			 over varying time periods.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 49 - MODEL RULES GENERAL PROVISIONS RELATED TO PUBLIC CONTRACTS FOR CONSTRUCTION SERVICES › Section 137-049-0440 - Rejection of Offers

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Rejection of
			 an Offer.
(a) A Contracting Agency may reject
			 any Offer upon finding that to accept the Offer may impair the integrity of the
			 Procurement process or that rejecting the Offer is in the public
			 interest.
(b) The Contracting
			 Agency shall reject an Offer upon the Contracting Agency's finding that the
			 Offer:
(A) Is contingent on the Contracting
			 Agency's acceptance of terms and conditions (including Specifications) that
			 differ from the Solicitation Document;
(B) Takes exception to terms and conditions
			 (including Specifications);
(C)
			 Attempts to prevent public disclosure of matters in contravention of the terms
			 and conditions of Solicitation Document or in contravention of applicable
			 law;
(D) Offers Work that fails to
			 meet the Specifications of the Solicitation Document;
(E) Is late;
(F) Is not in substantial compliance with the
			 Solicitation Documents;
(G) Is not
			 in substantial compliance with all prescribed public solicitation
			 procedures.
(c) The
			 Contracting Agency shall reject an Offer upon the Contracting Agency's finding
			 that the Offeror:
(A) Has not been
			 prequalified under ORS
			 279C.430 and the Contracting
			 Agency required mandatory prequalification;
(B) Has been Disqualified;
(C) Has been declared ineligible under ORS
			 279C.860 by the Commissioner of
			 Bureau of Labor and Industries and the Contract is for a Public Work;
(D) Is listed as not qualified by the
			 Construction Contractors Board, if the Contract is for a Public
			 Improvement;
(E) Has not met the
			 requirements of ORS 279A.105 if required by the
			 Solicitation Document;
(F) Has not
			 submitted properly executed Bid or Proposal security as required by the
			 Solicitation Document;
(G) Has
			 failed to provide the certification required under section 3 of this
			 rule;
(H) Is not Responsible. See
			 OAR 137-049-0390(2)  regarding Contracting Agency determination that the Offeror
			 has met statutory standards of responsibility.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 49 - MODEL RULES GENERAL PROVISIONS RELATED TO PUBLIC CONTRACTS FOR CONSTRUCTION SERVICES › Section 137-049-0450 - Protest of Contractor Selection, Contract Award

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
Purpose
. An adversely
			 affected or aggrieved Offeror must exhaust all avenues of administrative review
			 and relief before seeking judicial review of the Contracting Agency's
			 Contractor selection or Contract Award decision.
(2)
Notice of Competitive Range
.
			 Unless otherwise provided in the RFP, when the competitive Proposal process is
			 authorized under OAR 137-049-0650, the Contracting Agency shall provide Written
			 notice to all Proposers of the Contracting Agency's determination of the
			 Proposers included in the Competitive Range. The Contracting Agency's notice of
			 the Proposers included in the Competitive Range shall not be final until the
			 later of the following:
(a) 10 Days after the
			 date of the notice, unless otherwise provided therein; or
(b) Until the Contracting Agency provides a
			 Written response to all timely-filed protests that denies the protest and
			 affirms the notice of the Proposers included in the Competitive
			 Range.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 49 - MODEL RULES GENERAL PROVISIONS RELATED TO PUBLIC CONTRACTS FOR CONSTRUCTION SERVICES › Section 137-049-0460 - Performance and Payment Security; Waiver

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS
				  279A.065
Stats. Implemented: ORS
				  279C.375,
				  279C.380 &
				  279C.390
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 49 - MODEL RULES GENERAL PROVISIONS RELATED TO PUBLIC CONTRACTS FOR CONSTRUCTION SERVICES › Section 137-049-0470 - Substitute Contractor

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: ORS
				  279A.065
Stats. Implemented: ORS
				  279C.365,
				  279C.370,
				  279C.375,
				  279C.380 &
				  279C.390