OAR 125-247-0550
Prequalification of Prospective Offerors, Pre-negotiation of Contract Terms and Conditions, and Request for Qualifications (RFQ)


(1) Prequalification of Prospective Offerors. An Authorized Agency may prequalify prospective Offerors according to ORS 279B.120 (Prequalification of prospective bidders and proposers) and 279B.125 (Application for prequalification). Despite the prohibition against revocation of prequalification in ORS 279B.120 (Prequalification of prospective bidders and proposers)(3), an Authorized Agency may determine that a prequalified Offeror is not Responsible before Contract Award.
(2) Pre-negotiation of Contract Terms and Conditions. An Authorized Agency may pre-negotiate some or all Contract terms and conditions including prospective Proposer Contract forms such as license agreements, maintenance and support agreements or similar documents for use in future Procurements. Such pre-negotiation of Contract terms and conditions (including prospective Proposer forms) may be part of the prequalification process of a Proposer in Section (1) or the pre-negotiation may be a separate process and not part of a prequalification process. Unless required as part of the prequalification process, the failure of the Authorized Agency and the prospective Proposer to reach agreement on pre-negotiated Contract terms and conditions does not prohibit the prospective Proposer from responding to Procurements. An Authorized Agency may agree to different pre-negotiated Contract terms and conditions with different prospective Proposers. When an Authorized Agency has pre-negotiated different terms and conditions with Proposers or when permitted, Proposers offer different terms and conditions, an Authorized Agency may consider the terms and conditions in the Proposal evaluation process.
(3) Request for Qualifications (RFQ). For purposes of this Section, an RFQ may be used without the RFQ constituting a Prequalification according to Section (1) of this Rule, if the Authorized Agency establishes the RFQ to determine whether competition exists to perform the needed services or to establish a nonbinding, open list of qualified Contractors in addition to the general public and in order to expand the pool of qualified Contractors, before issuing a Request for Proposals (RFP). If an Authorized Agency establishes a closed, exclusive, or binding list of qualified Contractors, then the Authorized Agency must comply with Section (1) of this Rule. The Authorized Agency is not required to issue an RFQ and may elect to forego using an RFQ before issuing an RFP.
(a) At a minimum, the RFQ must describe the particular specialty desired, the qualifications the Contractor(s) must have in order to be considered, and the evaluation factors and their relative importance. The RFQ may require information including, but not limited to: the Contractor’s particular capability to perform the required services; the number of experienced staff available to perform the required services, including specific qualifications and experience of personnel; a list of similar services the Contractor has completed, with references concerning past performance; and any other information deemed necessary by the Authorized Agency to evaluate Contractor qualifications.
(b) A qualifications pre-submission meeting, voluntary or mandatory, may be held for all interested Contractors to discuss the proposed services. The RFQ must include the date, time and place of the meeting(s).
(c) Unless the RFQ establishes that competition does not exist or unless the Solicitation process is canceled or all qualification statements are rejected, all respondents who met the published qualifications must receive a notice, or other materials as appropriate, in addition to the general public, of any required services and have an opportunity to submit a proposal in response to an Authorized Agency’s subsequent RFP.
(d) All RFQs must:
(A) Be in Writing;
(B) Be posted on ORPIN or other Electronic Procurement System approved by the State Chief Procurement Officer;
(C) Provide that the Authorized Agency may, at any time during the Solicitation process, reject any or all Proposals or cancel the Solicitation without liability if it is in the public interest to do so; and
(D) Provide that the Authorized Agency is not responsible for any costs of any proposers incurred while submitting Proposals, and that all Proposers who respond to Solicitations do so solely at their own expense, unless compensation is expressly provided for in the Solicitation Document.
(e) In accordance with ORS 200.035 (Notice to Governor’s Policy Advisor for Economic and Business Equity), and applicable related Department statewide policy, a State Contracting Agency, as defined in ORS 279A.010 (Definitions for Public Contracting Code), must provide Timely Notice, in Writing, to the Governor’s Policy Advisor for Economic and Business Equity of each Solicitation and contracting opportunity exceeding $10,000. As used in ORS 200.035 (Notice to Governor’s Policy Advisor for Economic and Business Equity) and this Rule, “Timely Notice” means at the time the State Contracting Agency advertises or solicits Bids or Proposals and at the time the State Contracting Agency publicly releases the Contract.

Source: Rule 125-247-0550 — Prequalification of Prospective Offerors, Pre-negotiation of Contract Terms and Conditions, and Request for Qualifications (RFQ), https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=125-247-0550.

125‑247‑0010
Policies
125‑247‑0100
Applicability
125‑247‑0110
Feasibility Determination, Cost Analysis and Department Report
125‑247‑0165
Practices Regarding Electronic Goods Procurement
125‑247‑0170
Life Cycle Costing
125‑247‑0185
Approval of Information Technology or Telecommunications Procurements
125‑247‑0200
Buy Decision and Methods of Source Selection
125‑247‑0255
Competitive Sealed Bidding
125‑247‑0260
Competitive Sealed Proposals
125‑247‑0265
Small Procurements
125‑247‑0270
Intermediate Procurements
125‑247‑0275
Sole-Source Procurements
125‑247‑0280
Emergency Procurements
125‑247‑0285
Special Procurements
125‑247‑0286
Special Procurements
125‑247‑0287
Special Procurements
125‑247‑0288
Special Procurements
125‑247‑0295
Special Procurements: General or Special Counsel Authorized by the Attorney General
125‑247‑0296
Price Agreements and Mandatory Use Contracts
125‑247‑0300
Procurement Process
125‑247‑0305
Public Notice of Solicitation Documents
125‑247‑0310
Bids or Proposals are Offers
125‑247‑0320
Facsimile Bids and Proposals
125‑247‑0330
E-Procurement
125‑247‑0340
Reverse Auctions
125‑247‑0400
Offer Preparation
125‑247‑0410
Offer Submission
125‑247‑0420
Pre-Offer Conferences
125‑247‑0430
Addenda to Solicitation Document
125‑247‑0440
Pre-Closing Modification or Withdrawal of Offers
125‑247‑0450
Receipt, Opening, and Recording of Offers
125‑247‑0460
Late Offers, Late Withdrawals, and Late Modifications
125‑247‑0470
Mistakes
125‑247‑0480
Time for Authorized Agency Acceptance
125‑247‑0490
Extension of Time for Acceptance of Offer
125‑247‑0500
Responsibility of Offerors
125‑247‑0525
Qualified Products Lists
125‑247‑0550
Prequalification of Prospective Offerors, Pre-negotiation of Contract Terms and Conditions, and Request for Qualifications (RFQ)
125‑247‑0575
Debarment of Prospective Offerors
125‑247‑0600
Offer Evaluation and Award
125‑247‑0610
Notice of Intent to Award
125‑247‑0620
Documentation of Award
125‑247‑0630
Availability of Award Decisions
125‑247‑0640
Rejection of an Offer
125‑247‑0650
Rejection of All Offers
125‑247‑0660
Cancellation of Procurement or Solicitation
125‑247‑0670
Disposition of Offers if Solicitation Cancelled
125‑247‑0690
Policy
125‑247‑0691
Brand Name or Equal Specification
125‑247‑0700
Protests and Judicial Review of Special Procurements
125‑247‑0710
Protests and Judicial Review of Sole-Source Procurements
125‑247‑0720
Protests and Judicial Review of Multiple-Tiered and Multistep Solicitations
125‑247‑0730
Protests and Judicial Review of Solicitations
125‑247‑0731
Protests and Judicial Review of Qualified Products List Decisions
125‑247‑0740
Protests and Judicial Review of Contract Award
125‑247‑0750
Judicial Review of Other Violations
125‑247‑0760
Review of Prequalification and Debarment Decisions
125‑247‑0805
Amendments to Contracts and Price Agreements
125‑247‑0810
Termination of Price Agreements
Last Updated

Jun. 24, 2021

Rule 125-247-0550’s source at or​.us