Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 47 - MODEL RULES PUBLIC PROCUREMENTS FOR GOODS OR SERVICES › Section 137-047-0430 - Addenda to Solicitation Document

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 acknowledgment of receipt of all issued Addenda with its Offer,
			 unless the Contracting Agency otherwise specifies in the Addenda.
(2) Notice and Distribution. The Contracting
			 Agency shall notify prospective Offerors of Addenda in a manner intended to
			 foster competition and to make prospective Offerors aware of the Addenda. The
			 Solicitation Document shall specify how the Contracting Agency will provide
			 notice of Addenda and how the Contracting Agency will make the Addenda
			 available before Closing, and at each subsequent step or tier of evaluation if
			 the Contracting Agency will engage in a multistep competitive sealed Bid
			 process in accordance with OAR 137-047-0257, or a multi-tiered or multistep
			 competitive sealed Proposal process in accordance with 137-047-0261. The
			 following is an example of how a Contracting Agency may specify how it will
			 provide notice of Addenda: "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.
(a) 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
			 justified by a countervailing public interest, the Contracting Agency shall not
			 issue Addenda less than 72 hours before the Closing unless the Addendum also
			 extends the Closing.
(b)
			 Notwithstanding subsection (3)(a) of this rule, an Addendum that modifies the
			 evaluation criteria, selection process or procedure for any tier of competition
			 under a multistep sealed Bid or a multi-tiered or multistep sealed Proposal
			 issued in accordance with ORS
			 279B.060(6)(d)
			 and OAR 137-047-0261  must be issued no fewer than five (5) Days before the
			 beginning of that tier or step of competition, unless the Contracting Agency
			 determines that a shorter period is sufficient to allow Offerors to prepare for
			 that tier or step of competition. The Contracting Agency shall document the
			 factors it considered in making that determination, which may include, without
			 limitation, the scope of the changes to the Solicitation Document, the location
			 of the remaining eligible Proposers, or whether shortening the period between
			 issuing an Addendum and the beginning of the next tier or step of competition
			 favors or disfavors any particular Proposer or Proposers.