OAR 125-247-0255
Competitive Sealed Bidding
(1)
See OAR 137-047-0255 (Competitive Sealed Bidding) and 137-047-0257 (Multistep Sealed Bidding).(2)
Regardless of OAR 137-047-0255 (Competitive Sealed Bidding) and 137-047-0257 (Multistep Sealed Bidding), 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 (Public Notice of Solicitation Documents).(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 (Competitive Sealed Bidding) 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.
Source:
Rule 125-247-0255 — Competitive Sealed Bidding, https://secure.sos.state.or.us/oard/view.action?ruleNumber=125-247-0255.