reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 46 - MODEL RULES GENERAL PROVISIONS RELATED TO PUBLIC CONTRACTING › Section 137-046-0400 - Authority for Cooperative Procurements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Contracting Agencies may participate in,
			 sponsor, conduct or administer Joint Cooperative Procurements, Permissive
			 Cooperative Procurements and Interstate Cooperative Procurements in accordance
			 with ORS 279A.200 through
			 279A.225.
(2) Each Purchasing Contracting Agency shall
			 determine in Writing whether the solicitation and award process for an Original
			 Contract arising out of a Cooperative Procurement is substantially equivalent
			 to those identified in ORS
			 279B.055,
			 279B.060 or
			 279B.085, consistent with
			 279A.200(2).
Stat. Auth.: ORS
				  279A.065
Stats. Implemented: ORS
				  279A.065 &
				  279A.205
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 46 - MODEL RULES GENERAL PROVISIONS RELATED TO PUBLIC CONTRACTING › Section 137-046-0410 - Responsibilities of Administering Contracting Agencies and Purchasing Contracting Agencies

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If a
			 Contracting Agency is an Administering Contracting Agency of a Cooperative
			 Procurement, the Contracting Agency may establish the conditions under which
			 Persons may participate in the Cooperative Procurement administered by the
			 Administering Contracting Agency. Such conditions may include, without
			 limitation, whether each Person who participates in the Cooperative Procurement
			 must pay administrative fees to the Administering Contracting Agency, whether
			 each Person must enter into a Written agreement with the Administering
			 Contracting Agency, and any other matters related to the administration of the
			 Cooperative Procurement and the resulting Original Contract. A Contracting
			 Agency that acts as an Administering Contracting Agency may, but is not
			 required to, include provisions in the Solicitation Document for a Cooperative
			 Procurement and advertise the Solicitation Document in a manner to assist
			 Purchasing Contracting Agencies' compliance with the Code or these Model
			 Rules.
(2) If a Contracting Agency
			 acting as a Purchasing Contracting Agency enters into a Contract based on a
			 Cooperative Procurement, the Contracting Agency shall comply with the Code and
			 these Model Rules, including without limitation those sections of the Code and
			 these Model Rules that govern:
(a) The extent
			 to which the Purchasing Contracting Agency may participate in the Cooperative
			 Procurement;
(b) The advertisement
			 of the Solicitation Document related to the Cooperative Procurement;
			 and
(c) Public notice of the
			 Purchasing Contracting Agency's intent to establish Contracts based on a
			 Cooperative Procurement.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 46 - MODEL RULES GENERAL PROVISIONS RELATED TO PUBLIC CONTRACTING › Section 137-046-0420 - Joint Cooperative Procurements

Current through Register Vol. 63, No. 7, July 1, 2024
A Contracting Agency that chooses to participate in, sponsor,
				conduct or administer a Joint Cooperative Procurement may do so only in
				accordance with ORS 279A.210.
Stat. Auth.: ORS
				  279A.065
Stats. Implemented: ORS
				  279A.065 &
				  279A.210
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 46 - MODEL RULES GENERAL PROVISIONS RELATED TO PUBLIC CONTRACTING › Section 137-046-0430 - Permissive Cooperative Procurements

Current through Register Vol. 63, No. 7, July 1, 2024
A Contracting Agency that chooses to participate in, sponsor,
				conduct or administer a Permissive Cooperative Procurement may do so only in
				accordance with ORS 279A.215.
Stat. Auth.: ORS
				  279A.065
Stats. Implemented: ORS
				  279A.065 &
				  279A.215
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 46 - MODEL RULES GENERAL PROVISIONS RELATED TO PUBLIC CONTRACTING › Section 137-046-0440 - Advertisements of Intent to Establish Contracts through a Permissive Cooperative Procurement

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For
			 purposes of determining whether a Purchasing Contracting Agency must give
			 notice of intent to establish a Contract through a Permissive Cooperative
			 Procurement as required by ORS
			 279A.215(2)(a),
			 the estimated amount of the procurement will exceed $250,000 if:
(a) The Purchasing Contracting Agency's
			 Contract arising out of the Permissive Cooperative Procurement expressly
			 provides that the Purchasing Contracting Agency will make payments over the
			 term of the Contract that will, in aggregate, exceed $250,000, whether or not
			 the total amount or value of the payments is expressly stated;
(b) The Purchasing Contracting Agency's
			 Contract arising out of the Permissive Cooperative Procurement expressly
			 provides for payment, whether in a fixed amount or up to a stated maximum
			 amount, that exceeds $250,000; or
(c) At the time the Purchasing Contracting
			 Agency enters into the Contract, the Purchasing Contracting Agency reasonably
			 contemplates, based on historical or other data available to the Purchasing
			 Contracting Agency, that the total payments it will make for Goods or Services,
			 or both, or Personal Services, under the Contract will, in aggregate, exceed
			 $250,000 over the anticipated duration of the Contract.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 46 - MODEL RULES GENERAL PROVISIONS RELATED TO PUBLIC CONTRACTING › Section 137-046-0450 - Interstate Cooperative Procurements

Current through Register Vol. 63, No. 7, July 1, 2024
A Contracting Agency that chooses to participate in, sponsor,
				conduct or administer an Interstate Cooperative Procurement may do so only in
				accordance with ORS 279A.220.
Stat. Auth.: ORS
				  279A.065
Stats. Implemented: ORS
				  279A.065 &
				  279A.220
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 46 - MODEL RULES GENERAL PROVISIONS RELATED TO PUBLIC CONTRACTING › Section 137-046-0460 - Advertisements of Interstate Cooperative Procurements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Solicitation Document for an
			 Interstate Cooperative Procurement is advertised in Oregon for purposes of ORS
			 279A.220(2)(a)
			 if it is advertised in Oregon in compliance with
			 279B.055(4) or
			 279B.060(4) by:
(a) The Administering Contracting
			 Agency;
(b) The Purchasing
			 Contracting Agency;
(c) The
			 Cooperative Procurement Group, or a member of the Cooperative Procurement
			 Group, of which the Purchasing Contracting Agency is a member; or
(d) Another Purchasing Contracting Agency
			 that is subject to the Code, so long as such advertisement would, if given by
			 the Purchasing Contracting Agency, comply with ORS
			 279B.055(4) or
			 279B.060(4)
			 with respect to the Purchasing Contracting Agency.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 46 - MODEL RULES GENERAL PROVISIONS RELATED TO PUBLIC CONTRACTING › Section 137-046-0470 - Protests and Disputes

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An
			 Offeror or potential Offeror wishing to protest the procurement process, the
			 contents of a solicitation document related to a Cooperative Procurement or the
			 award or proposed award of an Original Contract shall make the protest in
			 accordance with ORS 279B.400 through
			 279B.425 unless the
			 Administering Contracting Agency is not subject to the Code. If the
			 Administering Contracting Agency is not subject to the Code, then the Offeror
			 or potential Offeror shall make the protest in accordance with the processes
			 and procedures established by the Administering Contracting Agency.
(2) Any other protests related to a
			 Cooperative Procurement, or disputes related to a Contract arising out of a
			 Cooperative Procurement, shall be made and resolved as set forth in ORS
			 279A.225.
(3) The failure of a Purchasing Contracting
			 Agency to exercise any rights or remedies it has under a Contract entered into
			 through a Cooperative Procurement shall not affect the rights or remedies of
			 any other Contracting Agency that participates in the Cooperative Procurement,
			 including the Administering Contracting Agency, and shall not prevent any other
			 Purchasing Contracting Agency from exercising any rights or seeking any
			 remedies that may be available to it under its own Contract arising out of the
			 Cooperative Procurement.
Stat. Auth.: ORS
				  279A.065
Stats. Implemented: ORS
				  279A.065 &
				  279A.225
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 46 - MODEL RULES GENERAL PROVISIONS RELATED TO PUBLIC CONTRACTING › Section 137-046-0480 - Contract Amendments

Current through Register Vol. 63, No. 7, July 1, 2024
A Purchasing Contracting Agency may amend a Contract entered
				into pursuant to a Cooperative Procurement as set forth in OAR
				137-047-0800.
Stat. Auth.: ORS
				  279A.065
Stats. Implemented: ORS
				  279A.065
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 46 - MODEL RULES GENERAL PROVISIONS RELATED TO PUBLIC CONTRACTING › Section 137-046-0500 - Repealed Rules

Current through Register Vol. 63, No. 7, July 1, 2024
As required by Or Laws 2003, Chapter 794, Section 334, OAR
				137-030-0000, 137-030-0005, 137-030-0006, 137-030-0008, 137-030-0010,
				137-030-0011, 137-030-0012, 137-030-0013, 137-030-0014, 137-030-0015,
				137-030-0020, 137-030-0030, 137-030-0035, 137-030-0040,137-030-0050,
				137-030-0055, 137-030-0060, 137-030-0065, 137-030-0070, 137-030-0075,
				137-030-0080,137-030-0085, 137-030-0090, 137-030-0095, 137-030-0100,
				137-030-0102, 137-030-0104, 137-030-0105, 137-030-0110, 137-030-0115,
				137-030-0120, 137-030-0125, 137-030-0130, 137-030-0135, 137-030-0140,
				137-030-0145, 137-030-0155, 137-035-0000, 137-035-0010, 137-035-0020,
				137-035-0030, 137-035-0040,137-035-0050, 137-035-0060, 137-035-0065,
				137-035-0070, 137-035-0080, 137-040-0000, 137-040-0005,137-040-0010,
				137-040-0015, 137-040-0017, 137-040-0020, 137-040-0021, 137-040-0025,
				137-040-0030,137-040-0031, 137-040-0035, 137-040-0045, 137-040-0500,
				137-040-0510, 137-040-0520, 137-040-0530, 137-040-0540, 137-040-0550,
				137-040-0560, 137-040-0565, 137-040-0570, 137-040-0590 are repealed effective
				March 1, 2005. The repealed rules will continue to apply to the solicitation of
				Public Contracts first advertised, but if not advertised then entered into,
				before March 1, 2005.
Stat. Auth.: ORS
				  279A.065 & OL 2003, Ch. 795,
				  334
Stats. Implemented: ORS
				  279A.065 & OL 2003, Ch. 795,
				  334
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 47 - MODEL RULES PUBLIC PROCUREMENTS FOR GOODS OR SERVICES › Section 137-047-0000 - Application

Current through Register Vol. 63, No. 7, July 1, 2024
These division 47 rules implement ORS Chapter 279B, Public
				Procurements and apply to the Procurement of Goods and Services. State
				Contracting Agencies shall also procure Personal Services, except for
				Architectural, Engineering, Land Surveying and Related Services, in the same
				manner other Services are procured under these division 47 rules. Local
				Contracting Agencies, pursuant to
				279B.050(4),
				may also adopt these division 47 rules to govern the Procurement of Personal
				Services Contracts or elect to award Personal Services Contracts under
				procedures set forth in
				279B.055 through
				279B.085.
Stat. Auth.: ORS
				  279A.065
Stats. Implemented: ORS
				  279B.015
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 47 - MODEL RULES PUBLIC PROCUREMENTS FOR GOODS OR SERVICES › Section 137-047-0100 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 "
Advantageous
" means in the Contracting Agency's best interests,
			 as assessed according to the judgment of the Contracting Agency.
(2) "
Affected Person
" or
			 "
Affected Offeror
" means a Person whose ability to participate in
			 a Procurement is adversely affected by a Contracting Agency decision. See ORS
			 279B.410.
Stat. Auth.: ORS
				  279A.065
Stats. Implemented: ORS
				  279A.065
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 47 - MODEL RULES PUBLIC PROCUREMENTS FOR GOODS OR SERVICES › Section 137-047-0255 - Competitive Sealed Bidding

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Generally. A Contracting Agency may procure Goods or Services by competitive
			 sealed bidding as set forth in ORS
			 279B.055. An Invitation to Bid
			 is used to initiate a competitive sealed bidding solicitation and shall contain
			 the information required by
			 279B.055(2) and
			 by section 2 of this rule. The Contracting Agency shall provide public notice
			 of the competitive sealed bidding solicitation as set forth in OAR
			 137-047-0300.
(2) Invitation to
			 Bid. In addition to the provisions required by ORS 279B.055(2), the Invitation
			 to Bid shall include the following:
(a)
			 General Information.
(A) Notice of any
			 pre-Offer conference as follows:
(i) The time,
			 date and location of any pre-Offer conference;
(ii) Whether attendance at the conference
			 will be mandatory or voluntary; and
(iii) A provision that provides that
			 statements made by the Contracting Agency's representatives at the conference
			 are not binding upon the Contracting Agency unless confirmed by Written
			 Addendum.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 47 - MODEL RULES PUBLIC PROCUREMENTS FOR GOODS OR SERVICES › Section 137-047-0257 - Multistep Sealed Bidding

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Generally. A Contracting Agency may procure Goods or Services by using
			 multistep sealed bidding under ORS
			 279B.055(12).
(2) Phased Process. Multistep sealed bidding
			 is a phased Procurement process that seeks information or unpriced submittals
			 in the first phase combined with regular competitive sealed bidding, inviting
			 Bidders who submitted technically eligible submittals in the first phase to
			 submit competitive sealed price Bids in the second phase. The Contract must be
			 Awarded to the lowest Responsible Bidder.
(3) Public Notice. When a Contracting Agency
			 uses multistep sealed bidding, the Contract Agency shall give public notice for
			 the first phase in accordance with OAR 137-047-0300. Public notice is not
			 required for the second phase. However, a Contracting Agency shall give notice
			 of the second phase to all Bidders, inform Bidders of the right to protest
			 Addenda issued after the initial Closing under OAR 137-047-0430, and inform
			 Bidders excluded from the second phase of the right, if any, to protest their
			 exclusion under OAR 137-047-0720.
(4) Procedures Generally. In addition to the
			 procedures set forth in OAR 137-047-0300  through 137-047-0490, a Contracting
			 Agency shall employ the procedures set forth in this rule for multistep sealed
			 bidding and in the Invitation to Bid.
(5) Procedure for Phase One of Multistep
			 Sealed Bidding.
(a) Form. A Contracting
			 Agency shall initiate multistep sealed bidding by issuing an Invitation to Bid
			 in the form and manner required for competitive sealed Bids except as provided
			 in this Rule. In addition to the requirements set forth OAR 137-047-0255(2),
			 the multistep Invitation to Bid must state:
(A) That the solicitation is a multistep
			 sealed Bid Procurement and describe the process the Contracting Agency will use
			 to conduct the Procurement;
(B)
			 That the Contracting Agency requests unpriced submittals and that the
			 Contracting Agency will consider price Bids only in the second phase and only
			 from those Bidders whose unpriced submittals are found eligible in the first
			 phase;
(C) Whether Bidders must
			 submit price Bids at the same time as unpriced submittals and, if so, that
			 Bidders must submit the price Bids in a separate sealed envelope;
(D) The criteria to be used in the evaluation
			 of unpriced submittals;
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 47 - MODEL RULES PUBLIC PROCUREMENTS FOR GOODS OR SERVICES › Section 137-047-0260 - Competitive Sealed Proposals

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Generally. A Contracting Agency may procure Goods or Services by competitive
			 sealed Proposals as set forth in ORS
			 279B.060. A Contracting Agency
			 shall use a Request for Proposal to initiate a competitive sealed Proposal
			 solicitation. The Request for Proposal must contain the information required by
			 279B.060(2) and
			 by section (2) of this rule. The Contracting Agency shall provide public notice
			 of the Request for Proposal as set forth in OAR 137-047-0300.
(2) Request for Proposal. In addition to the
			 provisions required by ORS 279B.060(2), the Request for Proposal must include
			 the following:
(a) General Information.
(A) Notice of any pre-Offer conference as
			 follows:
(i) The time, date and location of
			 any pre-Offer conference;
(ii)
			 Whether attendance at the conference will be mandatory or voluntary;
			 and
(iii) A provision that provides
			 that statements made by the Contracting Agency's representatives at the
			 conference are not binding on the Contracting Agency unless confirmed by
			 Written Addendum.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 47 - MODEL RULES PUBLIC PROCUREMENTS FOR GOODS OR SERVICES › Section 137-047-0265 - Small Procurements

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Generally. For Procurements of Goods or Services less than or equal to the
			 dollar amount stated in ORS
			 279B.065, a Contracting Agency
			 may Award a Contract as a small Procurement pursuant to ORS
			 279B.065.
(2) Amendments. A Contracting Agency may
			 amend a Contract Awarded as a small Procurement in accordance with OAR
			 137-047-0800, but the cumulative amendments may not increase the total Contract
			 Price to greater than one hundred twenty-five percent (125%) of the dollar
			 amount stated in ORS 279B.065.
Stat. Auth.: ORS
				  279A.065 &
				  279B.065
Stats. Implemented: ORS
				  279B.065
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 47 - MODEL RULES PUBLIC PROCUREMENTS FOR GOODS OR SERVICES › Section 137-047-0270 - Intermediate Procurements

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Generally. For Procurements of Goods or Services greater than the dollar amount
			 stated in ORS 279B.065 and less than or equal
			 to the higher dollar amount stated in ORS
			 279B.070, a Contracting Agency
			 may Award a Contract as an intermediate Procurement pursuant to ORS
			 279B.070.
(2) Negotiations. A Contracting Agency may
			 negotiate with a prospective Contractor who offers to provide Goods or Services
			 in response to an intermediate Procurement to clarify its quote or Offer or to
			 effect modifications that will make the quote or Offer more Advantageous to the
			 Contracting Agency.
(3)
			 Amendments. A Contracting Agency may amend a Contract Awarded as an
			 intermediate Procurement in accordance with OAR 137-047-0800, but the
			 cumulative amendments may not increase the total Contract Price to a sum that
			 exceeds the higher dollar amount stated in ORS
			 279B.070 or one hundred
			 twenty-five percent (125%) of the original Contract Price, whichever is
			 greater.
Stat. Auth.: ORS
				  279A.065 &
				  279B.070
Stats. Implemented: ORS
				  279B.070
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 47 - MODEL RULES PUBLIC PROCUREMENTS FOR GOODS OR SERVICES › Section 137-047-0275 - Sole-source Procurements

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Generally. A Contracting Agency may Award a Contract without competition as a
			 sole-Source Procurement pursuant to the requirements of ORS
			 279B.075.
(2) Public Notice. If, but for the
			 Contracting Agency's determination that it may enter into a Contract as a
			 sole-source, a Contracting Agency would be required to select a Contractor
			 using source selection methods set forth in either ORS
			 279B.055 or
			 279B.060, a Contracting Agency
			 shall give public notice of the Contract Review Authority's determination that
			 the Goods or Services or class of Goods or Services are available from only one
			 source. The Contracting Agency shall publish such notice in a manner similar to
			 public notice of competitive sealed Bids under
			 279B.055(4) and
			 OAR 137-047-0300. The public notice shall describe the Goods or Services to be
			 acquired by a sole-source Procurement, identify the prospective Contractor and
			 include the date, time and place that protests are due. The Contracting Agency
			 shall give Affected Persons at least seven (7) days from the date of the notice
			 of the determination that the Goods or Services are available from only one
			 source to protest the sole source determination.
(3) Protest. An Affected Person may protest
			 the Contract Review Authority's determination that the Goods or Services or
			 class of Goods or Services are available from only one source in accordance
			 with OAR 137-047-0710.
Stat. Auth.: ORS
				  279A.065 &
				  279B.075
Stats. Implemented: ORS
				  279B.075
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 47 - MODEL RULES PUBLIC PROCUREMENTS FOR GOODS OR SERVICES › Section 137-047-0280 - Emergency Procurements

Current through Register Vol. 63, No. 7, July 1, 2024
A Contracting Agency may Award a Contract as an Emergency
				Procurement pursuant to the requirements of ORS
				279B.080. When an Emergency
				Procurement is authorized, the Procurement shall be made with competition that
				is reasonable and appropriate under the circumstances. However, for emergency
				Procurement of construction services, see
				279B.080(2).
Stat. Auth.: ORS
				  279A.065
Stats. Implemented: ORS
				  279B.080
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 47 - MODEL RULES PUBLIC PROCUREMENTS FOR GOODS OR SERVICES › Section 137-047-0285 - Special Procurements

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Generally. A Contracting Agency may Award a Contract as a Special Procurement
			 pursuant to the requirements of ORS
			 279B.085.
(2) Public Notice. A Contracting Agency shall
			 give public notice of the Contract Review Authority's approval of a Special
			 Procurement in the same manner as public notice of competitive sealed Bids
			 under ORS 279B.055(4) and
			 OAR 137-047-0300. The public notice shall describe the Goods or Services or
			 class of Goods or Services to be acquired through the Special Procurement. The
			 Contracting Agency shall give Affected Persons at least seven (7) days from the
			 date of the notice of approval of the Special Procurement to protest the
			 Special Procurement.
(3) Protest.
			 An Affected Person may protest the request for approval of a Special
			 Procurement in accordance with ORS
			 279B.400 and OAR
			 137-047-0700.
Stat. Auth.: ORS
				  279A.065
Stats. Implemented: ORS
				  279B.085
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 47 - MODEL RULES PUBLIC PROCUREMENTS FOR GOODS OR SERVICES › Section 137-047-0290 - Cooperative Procurements

Current through Register Vol. 63, No. 7, July 1, 2024
A Contracting Agency may participate in, sponsor, conduct, or
				administer Cooperative Procurements as set forth in ORS
				279A.200 through
				279A.225 and OAR 137-046-0400 through 137-046-0480.
Stat. Auth.: ORS
				  279A.065
Stats. Implemented: ORS
				  279A.205
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 47 - MODEL RULES PUBLIC PROCUREMENTS FOR GOODS OR SERVICES › Section 137-047-0300 - Public Notice of Solicitation Documents

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Notice of Solicitation Documents; Fee. A
			 Contracting Agency shall provide public notice of every Solicitation Document
			 in accordance with section (2) of this rule. The Contracting Agency may give
			 additional notice using any method it determines appropriate to foster and
			 promote competition, including:
(a) Mailing
			 notice of the availability of the Solicitation Document 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 World Wide Web site.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 47 - MODEL RULES PUBLIC PROCUREMENTS FOR GOODS OR SERVICES › Section 137-047-0310 - Bids or Proposals are Offers

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 137-047-0480. 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 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
			 137-047-0480, 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. Where negotiation is permitted by the rules or the
			 Solicitation Document, Proposers are obligated to negotiate in good faith and
			 only on those terms or conditions that the rules or the Solicitation Document
			 have reserved for negotiation.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 47 - MODEL RULES PUBLIC PROCUREMENTS FOR GOODS OR SERVICES › Section 137-047-0320 - 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 should not
			 authorize facsimile Offers unless the Contracting Agency has another 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 47 - MODEL RULES PUBLIC PROCUREMENTS FOR GOODS OR SERVICES › Section 137-047-0330 - Electronic Procurement

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Electronic Procurement Authorized.
(a) A
			 Contracting Agency may conduct all phases of a Procurement, including without
			 limitation the posting of Electronic Advertisements and the receipt of
			 Electronic Offers, by electronic methods if and to the extent the Contracting
			 Agency specifies in a Solicitation Document, a Request for Quotes, or any other
			 Written instructions on how to participate in the Procurement.
(b) The Contracting Agency shall open an
			 Electronic Offer in accordance with electronic security measures in effect at
			 the Contracting Agency at the time of its receipt of the Electronic Offer.
			 Unless the Contracting Agency provides procedures for the secure receipt of
			 Electronic Offers, the Person submitting the Electronic Offer assumes the risk
			 of premature disclosure due to submission in unsealed form.
(c) The Contracting Agency's use of
			 electronic Signatures shall be consistent with applicable statutes and rules. A
			 Contracting Agency may limit the use of electronic methods of conducting a
			 Procurement as Advantageous to the Contracting Agency.
(d) If the Contracting Agency determines that
			 Bid or Proposal security is or will be required, the Contracting Agency should
			 not authorize Electronic Offers unless the Contracting Agency has another
			 method for receipt of such security.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 47 - MODEL RULES PUBLIC PROCUREMENTS FOR GOODS OR SERVICES › Section 137-047-0400 - Offer Preparation

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Instructions. An Offeror shall submit and Sign its Offer in accordance with the
			 instructions set forth in the Solicitation Document. An Offeror shall initial
			 and submit any correction or erasure to its Offer prior to Opening in
			 accordance with the requirements for submitting an Offer set forth in 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 the Contracting Agency with all documents and Descriptive
			 Literature required by the Solicitation Document.
Stat. Auth.: ORS
				  279A.065
Stats. Implemented: ORS
				  279A.065
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 47 - MODEL RULES PUBLIC PROCUREMENTS FOR GOODS OR SERVICES › Section 137-047-0410 - Offer Submission

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Product
			 Samples and Descriptive Literature. A Contracting Agency may require Product
			 Samples or Descriptive Literature if the Contracting Agency determines either
			 is necessary or desirable to evaluate the quality, features or characteristics
			 of an Offer. The Contracting Agency will dispose of Product Samples, or make
			 them available for the Offeror to retrieve 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 or in the envelope provided by the Contracting Agency, whichever is
			 applicable. If the Contracting Agency permits Electronic Offers or facsimile
			 Offers in the Solicitation Document, the Offeror may submit and identify
			 Electronic Offers or facsimile Offers in accordance with these division 47
			 rules and the instructions set forth in the Solicitation Document. The
			 Contracting Agency shall not consider facsimile or electronic Offers unless
			 authorized by the Solicitation Document.
(b) The Contracting Agency is not responsible
			 for Offers submitted in any manner, format or to any delivery point other than
			 as required in the Solicitation Document.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 47 - MODEL RULES PUBLIC PROCUREMENTS FOR GOODS OR SERVICES › Section 137-047-0420 - 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.
(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) Agency
			 Announcement. The Contracting Agency must set forth notice of any pre-Offer
			 conference in the Solicitation Document in accordance with OAR 137-047-0255(2)
 
			 or 137-047-0260(2).
Stat. Auth.: ORS
				  279A.065
Stats. Implemented: ORS
				  279A.065
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 47 - MODEL RULES PUBLIC PROCUREMENTS FOR GOODS OR SERVICES › Section 137-047-0440 - 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
			 137-047-0400  and 137-047-0410, 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 Document Number (or other identification as specified in the
			 Solicitation Document).
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 47 - MODEL RULES PUBLIC PROCUREMENTS FOR GOODS OR SERVICES › Section 137-047-0450 - 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 137-047-0440(1). In the case of Invitations to Bid, to the
			 extent practicable, the Contracting Agency shall read aloud the name of each
			 Bidder, and such other information as the Contracting Agency considers
			 appropriate. However, the Contracting Agency may withhold from disclosure
			 information in accordance with ORS
			 279B.055(5)(c)
			 and 279B.060(6). In
			 the case of Requests for Proposals or voluminous Bids, if the Solicitation
			 Document so provides, the Contracting Agency will not read Offers
			 aloud.
Stat. Auth.: ORS
				  279A.065 &
				  279B.055
Stats. Implemented: ORS
				  279B.055
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 47 - MODEL RULES PUBLIC PROCUREMENTS FOR GOODS OR SERVICES › Section 137-047-0460 - Late Offers, 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. An
				Agency shall not consider late Offers, withdrawals or modifications except as
				permitted in OAR 137-047-0470  or 137-047-0261.
Stat. Auth.: ORS
				  279A.065 &
				  279B.055
Stats. Implemented: ORS
				  279B.055
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 47 - MODEL RULES PUBLIC PROCUREMENTS FOR GOODS OR SERVICES › Section 137-047-0470 - 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 47 - MODEL RULES PUBLIC PROCUREMENTS FOR GOODS OR SERVICES › Section 137-047-0480 - Time for Agency Acceptance

Current through Register Vol. 63, No. 7, July 1, 2024
An Offeror's Offer is a Firm Offer, irrevocable, valid and
				binding on the Offeror for not less than thirty (30) Days following Closing
				unless otherwise specified in the Solicitation Document.
Stat. Auth.: ORS
				  279A.065
Stats. Implemented: ORS
				  279A.065
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 47 - MODEL RULES PUBLIC PROCUREMENTS FOR GOODS OR SERVICES › Section 137-047-0490 - Extension of Time for Acceptance of Offer

Current through Register Vol. 63, No. 7, July 1, 2024
A Contracting Agency may request, orally or in Writing, that
				Offerors extend, in Writing, the time during which the Contracting Agency 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.
Stat. Auth.: ORS
				  279A.065
Stats. Implemented: ORS
				  279A.065
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 47 - MODEL RULES PUBLIC PROCUREMENTS FOR GOODS OR SERVICES › Section 137-047-0500 - Responsibility of Bidders and Proposers

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Before Awarding a Contract the
			 Contracting Agency shall determine that the Bidder submitting the lowest Bid or
			 Proposer submitting the most Advantageous Proposal is Responsible. The
			 Contracting Agency shall use the standards set forth in ORS
			 279B.110 and OAR
			 137-047-0640(1)(c)(F)  to determine if a Bidder or Proposer is Responsible. In
			 the event a Contracting Agency determines a Bidder or Proposer is not
			 Responsible it shall prepare a Written determination of non-Responsibility as
			 required by ORS 279B.110 and shall reject the
			 Offer.
(2) In addition to making
			 the responsibility determination under ORS
			 279B.110 and OAR
			 137-047-0640(1)(c)(F), the Contracting Agency may consider (as authorized by
			 ORS 279A.800), as part of the
			 Contracting Agency's evaluation of a Bid or Proposal, whether the Bidder or
			 Proposer owes a liquidated and delinquent debt to the state.
Statutory/Other Authority: ORS
				  279A.065
Statutes/Other Implemented: ORS
				  279B.110
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 47 - MODEL RULES PUBLIC PROCUREMENTS FOR GOODS OR SERVICES › Section 137-047-0525 - Qualified Products Lists

Current through Register Vol. 63, No. 7, July 1, 2024
A Contracting Agency may develop and maintain a qualified
				products list pursuant to ORS
				279B.115.
Stat. Auth.: ORS
				  279A.065
Stats. Implemented: ORS
				  279B.115
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 47 - MODEL RULES PUBLIC PROCUREMENTS FOR GOODS OR SERVICES › Section 137-047-0550 - Prequalification of Prospective Offerors; Pre-negotiation of Contract Terms and Conditions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 Contracting Agency may prequalify prospective Offerors pursuant to ORS
			 279B.120 and
			 279B.125.
(2) Notwithstanding the prohibition against
			 revocation of prequalification in ORS
			 279B.120(3), a
			 Contracting Agency may determine that a prequalified Offeror is not Responsible
			 prior to Contract Award.
(3) A
			 Contracting Agency may pre-negotiate some or all Contract terms and conditions
			 including prospective Proposer Contract forms such as license agreements,
			 maintenance and support agreements or similar documents for use in future
			 Procurements. Such pre-negotiation of Contract terms and conditions (including
			 prospective Proposer forms) may be part of the prequalification process of a
			 Proposer in section (1) or the pre-negotiation may be a separate process and
			 not part of a prequalification process. Unless required as part of the
			 prequalification process, the failure of the Contracting Agency and the
			 prospective Proposer to reach agreement on pre-negotiated Contract terms and
			 conditions does not prohibit the prospective Proposer from responding to
			 Procurements. A Contracting Agency may agree to different pre-negotiated
			 Contract terms and conditions with different prospective Proposers. When a
			 Contracting Agency has pre-negotiated different terms and conditions with
			 Proposers or when permitted, Proposers offer different terms and conditions, a
			 Contracting Agency may consider the terms and conditions in the Proposal
			 evaluation process.
Stat. Auth.: ORS
				  279A.065
Stats. Implemented: ORS
				  279A.015,
				  279B.120
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 47 - MODEL RULES PUBLIC PROCUREMENTS FOR GOODS OR SERVICES › Section 137-047-0560 - Personal Services Contract to Provide Specifications - State Agency Disqualification as Bidder or Proposer

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 For the purposes of ORS
			 279B.040(1), a
			 reasonable person would believe that a person who assisted a state contracting
			 agency, under a personal services contract, in the development of a
			 solicitation for goods or services (or that person's affiliate), would have an
			 advantage in obtaining the public contract that is the subject of the
			 solicitation if:
(a) The specifications
			 recommended by the personal service contractor for the sequence of services,
			 incorporation of special service or fabrication techniques, or design of any
			 goods or components or elements of goods that the state contracting agency
			 published in its solicitation documents call for, expressly or implicitly,
			 requirements that only the personal services contractor (or the contractor's
			 affiliate), or a limited class of individuals in the contractor's area of
			 specialty, have the ability to perform or produce or have the rights to perform
			 or produce.
(b) The rendering of
			 solicitation document development assistance under the personal services
			 contract gives the contractor knowledge of the state contracting agency's
			 special needs or procedures, not generally known to the public, that give the
			 contractor (or the contractor's affiliate) a material competitive advantage in
			 competing for the contract for goods or services.
(c) The rendering of solicitation document
			 development assistance under the personal services contract gives the
			 contractor, significantly in advance of other prospective bidders or proposers,
			 knowledge of the solicitation document requirements that would allow the
			 personal services contractor (or the contractor's affiliate) a materially
			 longer period in which to craft or refine a proposal in response to the
			 solicitation documents.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 47 - MODEL RULES PUBLIC PROCUREMENTS FOR GOODS OR SERVICES › Section 137-047-0575 - Debarment of Prospective Offerors

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Generally. A Contracting Agency may Debar
			 prospective Offerors for the reasons set forth in ORS
			 279A.110 or after providing
			 notice and the opportunity for hearing as set forth in ORS
			 279B.130.
(2) Responsibility. Notwithstanding the
			 limitation on the term for Debarment in ORS
			 279B.130(1)(b),
			 a Contracting Agency may determine that a previously Debarred Offeror is not
			 Responsible prior to Contract Award.
(3) Imputed Knowledge. A Contracting Agency
			 may attribute improper conduct of a Person or its affiliate or affiliates
			 having a contract with a prospective Offeror to the prospective Offeror for
			 purposes of Debarment where the impropriety occurred in connection with the
			 Person's duty for or on behalf of, or with the knowledge, approval, or
			 acquiescence of, the prospective Offeror.
(4) Limited Participation. A Contracting
			 Agency may allow a Debarred Person to participate in solicitations and
			 Contracts on a limited basis during the Debarment period upon Written
			 determination that participation is Advantageous to a Contracting Agency. The
			 determination shall specify the factors on which it is based and define the
			 extent of the limits imposed.
Stat. Auth.: ORS
				  279A.065
Stats. Implemented: ORS
				  279B.130
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 47 - MODEL RULES PUBLIC PROCUREMENTS FOR GOODS OR SERVICES › Section 137-047-0600 - Offer Evaluation and Award

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Contracting Agency Evaluation. The Contracting Agency shall evaluate Offers
			 only as set forth in the Solicitation Document, pursuant to ORS
			 279B.055(6)(a)
			 and 279B.060(6)(b),
			 and in accordance with applicable law. The Contracting Agency shall not
			 evaluate Offers using any other requirement or criterion.
(a) Evaluation of Bids.
(A) Nonresident Bidders. In determining the
			 lowest Responsive Bid, the Contracting Agency shall apply the reciprocal
			 preference set forth in ORS
			 279A.120(2)(b)
			 and OAR 137-046-0310  for Nonresident Bidders.
(B) Public Printing. The Contracting Agency
			 shall for the purpose of evaluating Bids apply the public printing preference
			 set forth in ORS 282.210.
(C) Award When Bids are Identical. If the
			 Contracting Agency determines that one or more Bids are identical under OAR
			 137-046-0300, the Contracting Agency shall Award a Contract in accordance with
			 the procedures set forth in OAR 137-046-0300.