Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 47 - MODEL RULES PUBLIC PROCUREMENTS FOR GOODS OR SERVICES › Section 137-047-0261 - Multi-tiered and Multistep Proposals

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Generally. A Contracting Agency may use
			 one or more, or any combination, of the methods of Contractor selection set
			 forth in ORS 279B.060(7),
			 279B.060(8) and
			 this rule to procure Goods or Services. In addition to the procedures set forth
			 in OAR 137-047-0300  through 137-047-0490  for methods of Contractor selection, a
			 Contracting Agency may provide for a multi-tiered or multistep selection
			 process that permits award to the highest ranked Proposer at any tier or step,
			 calls for the establishment of a Competitive Range, or permits either serial or
			 competitive simultaneous discussions or negotiations with one or more
			 Proposers.
(2) When conducting a
			 multi-tiered or multistep selection process, a Contracting Agency may use any
			 combination or series of Proposals, discussions, negotiations, demonstrations,
			 offers, or other means of soliciting information from Proposers that bears on
			 the selection of a Contractor or Contractors. In multi-tiered and multistep
			 competitions, a Contracting Agency may use these means of soliciting
			 information from prospective Proposers and Proposers in any sequence or order,
			 and at any stage of the selection process, as determined in the discretion of
			 the Contracting Agency.
(3) When a
			 Contracting Agency's Request for Proposals prescribes a multi-tiered or
			 multistep Contractor selection process, a Contracting Agency nevertheless may,
			 at the completion of any stage in the competition and on determining the Most
			 Advantageous Proposer (or, in multiple-award situations, on determining the
			 awardees of the Public Contracts), award a Contract (or Contracts) and conclude
			 the Procurement without proceeding to subsequent stages. The Contracting Agency
			 also may, at any time, cancel the Procurement under ORS
			 279B.100.
(4) Exclusion Protest. A Contracting Agency
			 may provide, before the notice of an intent to Award, an opportunity for a
			 Proposer to protest exclusion from the Competitive Range or from subsequent
			 phases of multi-tiered or multistep sealed Proposals as set forth in OAR
			 137-047-0720.
(5) Award Protest. A
			 Contracting Agency shall provide an opportunity to protest its intent to Award
			 a Contract pursuant to ORS
			 279B.410 and OAR 137-047-0740.
			 An Affected Offeror may protest, for any of the bases set forth in
			 137-047-0720(2), its exclusion from the Competitive Range or from any phase of
			 a multi-tiered or multistep sealed Proposal process, or may protest an Addendum
			 issued following initial Closing, if the Contracting Agency did not previously
			 provide Proposers the opportunity to protest the exclusion or Addendum. The
			 failure to protest shall be considered the Proposer's failure to pursue an
			 administrative remedy made available to the Proposer by the Contracting
			 Agency.
(6) Competitive Range. When
			 a Contracting Agency's solicitation process conducted under ORS
			 279B.060(8)
			 calls for the Contracting Agency to establish a Competitive Range at any stage
			 in the Procurement process, the Contracting Agency may do so as follows:
(a) Determining Competitive Range.
(A) The Contracting Agency may establish a
			 Competitive Range after evaluating all Responsive Proposals in accordance with
			 the evaluation criteria in the Request for Proposals. After evaluation of all
			 Proposals in accordance with the criteria in the Request for Proposals, the
			 Contracting Agency may determine and rank the Proposers in the Competitive
			 Range. Notwithstanding the foregoing, however, in instances in which the
			 Contracting Agency determines that a single Proposer has a reasonable chance of
			 being determined the most Advantageous Proposer, the Contracting Agency need
			 not determine or rank Proposers in the Competitive Range. In addition,
			 notwithstanding the foregoing, a Contracting Agency may establish a Competitive
			 Range of all Proposers to enter into discussions to correct deficiencies in
			 Proposals.
(B) The Contracting
			 Agency may establish the number of Proposers in the Competitive Range in light
			 of whether the Contracting Agency's evaluation of Proposals identifies a number
			 of Proposers who have a reasonable chance of being determined the most
			 Advantageous Proposer, or whether the evaluation establishes a natural break in
			 the scores of Proposers that indicates that a particular number of Proposers
			 are closely competitive or have a reasonable chance of being determined the
			 most Advantageous Proposer.