Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 247 - PUBLIC PROCUREMENT OF SUPPLIES AND SERVICES › Section 125-247-0255 - Competitive Sealed Bidding

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 See OAR 137-047-0255  and 137-047-0257.
(2) Regardless of OAR 137-047-0255  and
			 137-047-0257, Authorized Agencies must comply with the following provisions:
(a) Options. An Authorized Agency may use one
			 or more or any combination of the processes described in this Rule.
(b) Public Notice. The Authorized Agency must
			 provide public notice of the Competitive Sealed Bidding Solicitation as set
			 forth in OAR 125-247-0305.
(c)
			 Emerging Small Business. The Invitation to Bid must include the requirement, if
			 applicable, for the awarded Bidder to obtain or subcontract labor, materials,
			 or labor and materials from a supplier registered as an Emerging Small
			 Business.
(d) Revised Rounds of
			 Bidding.
(A) Process. Revised Rounds of
			 Bidding means a process that begins with an initial round of Competitive Sealed
			 Bidding according to OAR 125-247-0255  and may, at the discretion of the
			 Authorized Agency, include successive rounds of Bidding in order for the Agency
			 to gain the best Offer for purposes of Award. An Agency may revise the
			 Solicitation's Specifications, terms and conditions, and pricing structure for
			 successive rounds to best meet the State's needs. Bidders must be allowed
			 adequate time to revise and resubmit their Bids in accordance with the
			 requirements set forth in the newly revised Solicitation Document. At each
			 successive round, the Agency may disregard its scoring of prior Bids and
			 commence new scoring for the new Bids. The Agency must comply with the
			 following procedures for this type of Solicitation:
(B) Revisions. The Agency may reject any Bid,
			 after any round, because the Bid did not meet a minimum score or minimum set of
			 requirements. The Agency may then proceed with a subsequent round that requires
			 additional Bids to be submitted, based on different Specifications, terms and
			 conditions, pricing structure, scoring model, references and set of award
			 criteria, separately or in any combination thereof, in order to best meet the
			 State's interests (Revisions). If any Revision is made by the Agency in any
			 subsequent round, the Agency has the right, in its sole discretion, to permit
			 any Bidder whose Bid was previously rejected to submit a new Bid, if the
			 reason(s) for the rejection of the prior Bid by that Bidder no longer applies.
			 Following clarifications and additional investigations, the Agency may
			 reinstate or disqualify an Bidder at any stage of the evaluation
			 process.
(C) Disclosures. The
			 initial Solicitation Document must disclose that a Revised Rounds of Bidding
			 process will or may be used. The Agency must give notice to all initial Bidders
			 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
			 Bidders, the Agency must give notice of these disclosures to the initial
			 Bidders.