OAR 137-047-0310
Bids or Proposals are Offers

(1)

Offer and Acceptance. The Bid or Proposal is the Bidder’s or Proposer’s Offer to enter into a Contract.

(a)

In competitive bidding and competitive Proposals, the Offer is always a “Firm Offer,” i.e. the Offer shall be held open by the Offeror for the Contracting Agency’s acceptance for the period specified in OAR 137-047-0480 (Time for Agency Acceptance). The Contracting Agency may elect to accept the Offer at any time during the specified period, and the Contracting Agency’s Award of the Contract constitutes acceptance of the Offer and binds the Offeror to the Contract.

(b)

Notwithstanding the fact that a competitive Proposal is a “Firm Offer” for the period specified in OAR 137-047-0480 (Time for Agency Acceptance), the Contracting Agency may elect to discuss or negotiate certain contractual provisions, as identified in these rules or in the Solicitation Document, with the Proposer. Where negotiation is permitted by the rules or the Solicitation Document, Proposers are obligated to negotiate in good faith and only on those terms or conditions that the rules or the Solicitation Document have reserved for negotiation.

(2)

Contingent Offers. Except to the extent the Proposer is authorized to propose certain terms and conditions pursuant to OAR 137-047-0262, a Proposer shall not make its Offer contingent upon the Contracting Agency’s acceptance of any terms or conditions (including Specifications) other than those contained in the Solicitation Document.

(3)

Offeror’s Acknowledgment. By Signing and returning the Offer, the Offeror acknowledges it has read and understands the terms and conditions contained in the Solicitation Document and that it accepts and agrees to be bound by the terms and conditions of the Solicitation Document. If the Request for Proposals permits Proposers to propose alternative terms or conditions under OAR 137-047-0261 (Multi-tiered and Multistep Proposals), the Offeror’s Offer includes any nonnegotiable terms and conditions, any proposed terms and conditions offered for negotiation upon and to the extent accepted by the Contracting Agency in Writing, and Offeror’s agreement to perform the scope of work and meet the performance standards set forth in the final negotiated scope of work.

Source: Rule 137-047-0310 — Bids or Proposals are Offers, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=137-047-0310.

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 137-047-0310’s source at or​.us