Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 247 - PUBLIC PROCUREMENT OF SUPPLIES AND SERVICES › Section 125-247-0260 - Competitive Sealed Proposals

Current through Register Vol. 63, No. 7, July 1, 2024
(1) See OAR
			 137-047-0260  and 137-047-0261.
(2)
			 Regardless of OAR 137-047-0260  and 137-047-0261, Authorized Agencies must
			 comply with the following provisions:
(a) An
			 Authorized Agency may use one or more or any combination of the procedures
			 described in ORS 279B.060 and this
			 Rule.
(b) In addition to the
			 requirements in ORS 279B.060(2),
			 the Request for Proposals must include the following:
(A) The form and instructions for submission
			 of Proposals;
(B) A description of
			 the procurement process, including but not limited to: optional process,
			 evaluation, selection, and protest process.
(C) Mandatory preferences, if applicable, and
			 any discretionary preferences, if elected; and
(D) All applicable certifications of
			 compliance with tax laws.
(c) Interviews. If the evaluation committee
			 conducts interviews, it must award weights, points or other classifications
			 indicated in the Request for Proposals for the anticipated interview.
(d) Competitive Range. The Authorized Agency
			 may decrease the number of Proposers in the initial Competitive Range if the
			 excluded Proposers have no reasonable chance to be the most Advantageous
			 Proposer.
(e) The Authorized Agency
			 may continue serial or simultaneous Negotiations until the Agency has
			 determined:
(A) To award the Contract to the
			 eligible Proposer with whom it is currently discussing or
			 negotiating;
(B) To conduct Revised
			 Rounds of Negotiations; or
(C) To
			 cancel the Procurement under ORS
			 279B.100.
(f) Revised Rounds of Negotiations.
(A) Process and Revisions. After publication
			 of the original Request for Proposals, the Authorized Agency may conduct
			 successive rounds of Proposals achieved through Negotiations to gain the best
			 Proposal for purposes of Award. These Negotiations may concern the price,
			 Specifications, and final terms and conditions, separately or in any
			 combination. The Agency must treat all Proposers fairly. Before the start of
			 each round of Negotiations, the Agency must disclose the parameters of that
			 round of Negotiations. At that time, the Agency may revise the Solicitation's
			 Specifications, terms and conditions, evaluation criteria and weight, and
			 pricing structure in order to best meet the State's interests (Revisions). At
			 each successive round, the Agency may disregard its scoring of prior Proposals
			 and commence new scoring for the new Proposals. The Agency may eliminate any
			 Proposal after a round because the Proposal did not meet a minimum score, or
			 the Proposal was not susceptible to award, and then proceed with a subsequent
			 round that requires additional Proposals based on the Revision(s). If any
			 Revision is made by the Agency in any subsequent round, the Agency reserves the
			 right, in its sole discretion, to permit any Proposer whose Proposal was
			 previously eliminated to submit a new Proposal, if the reason(s) for the
			 elimination of the prior Proposal no longer applies.
(B) Disclosures. The initial Solicitation
			 Document must disclose that a Revised Rounds of Negotiation process will or may
			 be used. The Agency must give notice to all initial Proposers of any
			 Revision(s) in the Specifications, terms and conditions, pricing structure,
			 scoring model, and award criteria, separately or in any combination. If the
			 Agency discloses any prices, terms or conditions offered by other Proposers,
			 the Agency must give notice of these disclosures to the initial
			 Proposers.