Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 49 - MODEL RULES GENERAL PROVISIONS RELATED TO PUBLIC CONTRACTS FOR CONSTRUCTION SERVICES › Section 137-049-0650 - Requests for Proposals

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Generally. The use of competitive Proposals must be specially authorized for a
			 Public Improvement Contract under the competitive bidding exception and
			 exemption requirements of ORS
			 279C.335, OAR 137-049-0130  and
			 137-049-0600  to 137-049-0690. Also see ORS
			 279C.337 and
			 279C.400 to
			 279C.410 for statutory
			 requirements regarding competitive Proposals and OAR 137-049-0640  regarding
			 competitive Proposal procedures.
(2) Solicitation Documents. In addition to
			 the Solicitation Document requirements of OAR 137-049-0200, this rule applies
			 to the requirements for RFPs. RFP Solicitation Documents shall conform to the
			 following standards:
(a) The Contracting
			 Agency shall set forth selection criteria in the Solicitation Document.
			 Examples of evaluation criteria include price or cost, quality of a product or
			 service, past performance, management, capability, personnel qualification,
			 prior experience, compatibility, reliability, operating efficiency, expansion
			 potential, experience of key personnel, adequacy of equipment or physical
			 plant, financial wherewithal, sources of supply, references and warranty
			 provisions. See OAR 137-049-0640  regarding Proposal evaluation and evaluation
			 factors. Evaluation factors need not be precise predictors of actual future
			 costs and performance, but to the extent possible, such factors must be
			 reasonable estimates based on information available to the Contracting Agency.
			 Subject to ORS 279C.410(4),
			 the Solicitation Document may provide for discussions with Proposers to be
			 conducted for the purpose of Proposal evaluation prior to award or prior to
			 establishing any Competitive Range;
(b) When the Contracting Agency is willing to
			 negotiate terms and conditions of the Contract or allow submission of revised
			 Proposals following discussions, the Contracting Agency shall identify the
			 specific terms and conditions in or provisions of the Solicitation Document
			 that are subject to negotiation or discussion and authorize Offerors to propose
			 certain alternative terms and conditions in lieu of the terms and conditions
			 the Contracting Agency has identified as authorized for negotiation. The
			 Contracting Agency shall describe the evaluation, discussion and negotiation
			 processes, including how the Contracting Agency will establish the Competitive
			 Range, if any;
(c) The anticipated
			 size of any Competitive Range must be stated in the Solicitation Document, but
			 may be decreased if the number of Proposers that submit responsive Proposals is
			 less that the specified number, or may be increased as provided in OAR
			 137-049-0650(4)(a)(B);
(d) When the
			 Contracting Agency intends to Award Contracts to more than one Proposer, the
			 Contracting Agency shall identify in the Solicitation Document the manner in
			 which it will determine the number of Contracts it will Award. The Contracting
			 Agency shall also include the criteria it will use to determine how the
			 Contracting Agency will endeavor to achieve optimal value, utility and
			 substantial fairness when selecting a particular Contractor to provide Personal
			 Services or Work from those Contractors Awarded Contracts.