OAR 137-047-0255
Competitive Sealed Bidding

(1)

Generally. A Contracting Agency may procure Goods or Services by competitive sealed bidding as set forth in ORS 279B.055 (Competitive sealed bidding). An Invitation to Bid is used to initiate a competitive sealed bidding solicitation and shall contain the information required by 279B.055 (Competitive sealed bidding)(2) and by section 2 of this rule. The Contracting Agency shall provide public notice of the competitive sealed bidding solicitation as set forth in OAR 137-047-0300 (Public Notice of Solicitation Documents).

(2)

Invitation to Bid. In addition to the provisions required by ORS 279B.055 (Competitive sealed bidding)(2), the Invitation to Bid shall include the following:

(a)

General Information.

(A)

Notice of any pre-Offer conference as follows:
(i)
The time, date and location of any pre-Offer conference;
(ii)
Whether attendance at the conference will be mandatory or voluntary; and
(iii)
A provision that provides that statements made by the Contracting Agency’s representatives at the conference are not binding upon the Contracting Agency unless confirmed by Written Addendum.

(B)

The form and instructions for submission of Bids and any other special information, e.g., whether Bids may be submitted by electronic means (See OAR 137-047-0330 (Electronic Procurement) for required provisions of electronic Bids);

(C)

The time, date and place of Opening;

(D)

The office where the Solicitation Document may be reviewed;

(E)

A statement that each Bidder must identify whether the Bidder is a “resident Bidder,” as defined in ORS 279A.120 (Preference for Oregon goods and services)(1);

(F)

Bidder’s certification of nondiscrimination in obtaining required subcontractors in accordance with ORS 279A.110 (Discrimination in subcontracting prohibited)(4). (See OAR 137-046-0210 (Subcontracting to and Contracting with Emerging Small Businesses; Disqualification)(2)); and

(G)

How the Contracting Agency will notify Bidders of Addenda and how the Contracting Agency will make Addenda available (See OAR 137-047-0430 (Addenda to Solicitation Document)).

(b)

Contracting Agency Need to Purchase. The character of the Goods or Services the Contracting Agency is purchasing including, if applicable, a description of the acquisition, Specifications, delivery or performance schedule, inspection and acceptance requirements. As required by Oregon Laws 2009, chapter 880, section 5, the Contracting Agency’s description of its need to purchase must:

(A)

Identify the scope of the work to be performed under the resulting Contract, if the Contracting Agency awards one;

(B)

Outline the anticipated duties of the Contractor under any resulting Contract;

(C)

Establish the expectations for the Contractor’s performance of any resulting Contract; and

(D)

Unless the Contracting Agency for Good Cause specifies otherwise, the scope of work must require the Contractor to meet the highest standards prevalent in the industry or business most closely involved in providing the Goods or Services that the Contracting Agency is purchasing.

(c)

Bidding and Evaluation Process.

(A)

The anticipated solicitation schedule, deadlines, protest process, and evaluation process;

(B)

The Contracting Agency shall set forth objective evaluation criteria in the Solicitation Document in accordance with the requirements of ORS 279B.055 (Competitive sealed bidding)(6)(a). Evaluation criteria need not be precise predictors of actual future costs, but to the extent possible, the evaluation factors shall be reasonable estimates of actual future costs based on information the Contracting Agency has available concerning future use; and

(C)

If the Contracting Agency intends to Award Contracts to more than one Bidder pursuant to OAR 137-047-0600 (Offer Evaluation and Award)(4)(c), the Contracting Agency shall identify in the Solicitation Document the manner in which it will determine the number of Contracts it will Award.

(d)

Applicable preferences pursuant to ORS 279B.055 (Competitive sealed bidding)(6)(b).

(e)

For Contracting Agencies subject to ORS 305.385 (Agencies to supply licensee and contractor lists), Contractor’s certification of compliance with the Oregon tax laws in accordance with ORS 305.385 (Agencies to supply licensee and contractor lists).

(f)

All contractual terms and conditions in the form of Contract provisions the Contracting Agency determines are applicable to the Procurement. As required by Oregon Laws 2009, chapter 880, section 5, the Contract terms and conditions must specify the consequences of the Contractor’s failure to perform the scope of work or to meet the performance standards established by the resulting Contract. Those consequences may include, but are not limited to:

(A)

The Contracting Agency’s reduction or withholding of payment under the Contract;

(B)

The Contracting Agency’s right to require the Contractor to perform, at the Contractor’s expense, any additional work necessary to perform the statement of work or to meet the performance standards established by the resulting Contract; and

(C)

The Contracting Agency’s rights, which the Contracting Agency may assert individually or in combination, to declare a default of the resulting Contract, to terminate the resulting Contract, and to seek damages and other relief available under the resulting Contract or applicable law.

(3)

Good Cause. For the purposes of this rule, “Good Cause” means a reasonable explanation for not requiring Contractor to meet the highest standards, and may include an explanation of circumstances that support a finding that the requirement would unreasonably limit competition or is not in the best interest of the Contracting Agency. The Contracting Agency shall document in the Procurement file the basis for the determination of Good Cause for specification otherwise. A Contracting Agency will have Good Cause to specify otherwise under the following circumstances:

(a)

The use or purpose to which the Goods or Services will be put does not justify a requirement that the Contractor meet the highest prevalent standards in performing the Contract;

(b)

Imposing express technical, standard, dimensional or mathematical specifications will better ensure that the Goods or Services will be compatible with or will operate efficiently or effectively with components, equipment, parts, Services or information technology including hardware, Services or software with which the Goods or Services will be used, integrated, or coordinated;

(c)

The circumstances of the industry or business that provides the Goods or Services are sufficiently volatile in terms of innovation or evolution of products, performance techniques, scientific developments, that a reliable highest prevalent standard does not exist or has not been developed;

(d)

Any other circumstances in which Contracting Agency’s interest in achieving economy, efficiency, compatibility or availability in the Procurement of the Goods or Services reasonably outweighs the Contracting Agency’s practical need for the highest prevalent standard in the applicable or closest industry or business that supplies the Goods or Services to be delivered under the resulting Contract

Source: Rule 137-047-0255 — Competitive Sealed Bidding, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=137-047-0255.

137‑047‑0000
Application 137‑047‑0100
Definitions 137‑047‑0250
Source Selection 137‑047‑0255
Competitive Sealed Bidding 137‑047‑0257
Multistep Sealed Bidding 137‑047‑0260
Competitive Sealed Proposals 137‑047‑0261
Multi-tiered and Multistep Proposals 137‑047‑0265
Small Procurements 137‑047‑0270
Intermediate Procurements 137‑047‑0275
Sole-source Procurements 137‑047‑0280
Emergency Procurements 137‑047‑0285
Special Procurements 137‑047‑0290
Cooperative Procurements 137‑047‑0300
Public Notice of Solicitation Documents 137‑047‑0310
Bids or Proposals are Offers 137‑047‑0320
Facsimile Bids and Proposals 137‑047‑0330
Electronic Procurement 137‑047‑0400
Offer Preparation 137‑047‑0410
Offer Submission 137‑047‑0420
Pre-Offer Conferences 137‑047‑0430
Addenda to Solicitation Document 137‑047‑0440
Pre-Closing Modification or Withdrawal of Offers 137‑047‑0450
Receipt, Opening, and Recording of Offers 137‑047‑0460
Late Offers, Late Withdrawals and Late Modifications 137‑047‑0470
Mistakes 137‑047‑0480
Time for Agency Acceptance 137‑047‑0490
Extension of Time for Acceptance of Offer 137‑047‑0500
Responsibility of Bidders and Proposers 137‑047‑0525
Qualified Products Lists 137‑047‑0550
Prequalification of Prospective Offerors 137‑047‑0560
Personal Services Contract to Provide Specifications — State Agency Disqualification as Bidder or Proposer 137‑047‑0575
Debarment of Prospective Offerors 137‑047‑0600
Offer Evaluation and Award 137‑047‑0610
Notice of Intent to Award 137‑047‑0620
Documentation of Award 137‑047‑0630
Availability of Award Decisions 137‑047‑0640
Rejection of an Offer 137‑047‑0650
Rejection of All Offers 137‑047‑0660
Cancellation of Procurement or Solicitation 137‑047‑0670
Disposition of Offers if Procurement or Solicitation Canceled 137‑047‑0700
Protests and Judicial Review of Special Procurements 137‑047‑0710
Protests and Judicial Review of Sole-Source Procurements 137‑047‑0720
Protests and Judicial Review of Multi-Tiered and Multistep Solicitations 137‑047‑0730
Protests and Judicial Review of Solicitations 137‑047‑0740
Protests and Judicial Review of Contract Award 137‑047‑0745
Protests and Judicial Review of Qualified Products List Decisions 137‑047‑0750
Judicial Review of Other Violations 137‑047‑0760
Review of Prequalification and Debarment Decisions 137‑047‑0800
Amendments to Contracts and Price Agreements 137‑047‑0810
Termination of Price Agreements
Last Updated

Jun. 8, 2021

Rule 137-047-0255’s source at or​.us