OAR 137-047-0320
Facsimile Bids and Proposals

(1)

Contracting Agency Authorization. A Contracting Agency may authorize Offerors to submit facsimile Offers. If the Contracting Agency determines that Bid or Proposal security is or will be required, the Contracting Agency should not authorize facsimile Offers unless the Contracting Agency has another method for receipt of such security. Prior to authorizing the submission of facsimile Offers, the Contracting Agency shall determine that the Contracting Agency’s equipment and personnel are capable of receiving the size and volume of anticipated Offers within a short period of time. In addition, the Contracting Agency shall establish administrative procedures and controls:

(a)

To receive, identify, record, and safeguard facsimile Offers;

(b)

To ensure timely delivery of Offers to the location of Opening; and

(c)

To preserve the Offers as sealed.

(2)

Provisions To Be Included in Solicitation Document. In addition to all other requirements, if the Contracting Agency authorizes a facsimile Offer, the Contracting Agency will include in the Solicitation Document the following:

(a)

A provision substantially in the form of the following: “A ‘facsimile Offer,’ as used in this Solicitation Document, means an Offer, modification of an Offer, or withdrawal of an Offer that is transmitted to and received by the Contracting Agency via a facsimile machine”;

(b)

A provision substantially in the form of the following: “Offerors may submit facsimile Offers in response to this Solicitation Document. The entire response must arrive at the place and by the time specified in this Solicitation Document”;

(c)

A provision that requires Offerors to Sign their facsimile Offers;

(d)

A provision substantially in the form of the following: “The Contracting Agency reserves the right to Award the Contract solely on the basis of a facsimile Offer. However, upon the Contracting Agency’s request the apparent successful Offeror shall promptly submit its complete original Signed Offer”;

(e)

The data and compatibility characteristics of the Contracting Agency’s receiving facsimile machine as follows:

(A)

Telephone number; and

(B)

Compatibility characteristics, e.g. make and model number, receiving speed, communications protocol; and

(f)

A provision that the Contracting Agency is not responsible for any failure attributable to the transmission or receipt of the facsimile Offer including, but not limited to the following:

(A)

Receipt of garbled or incomplete documents;

(B)

Availability or condition of the receiving facsimile machine;

(C)

Incompatibility between the sending and receiving facsimile machine;

(D)

Delay in transmission or receipt of documents;

(E)

Failure of the Offeror to properly identify the Offer documents;

(F)

Illegibility of Offer documents; and

(G)

Security and confidentiality of data.

Source: Rule 137-047-0320 — Facsimile Bids and Proposals, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=137-047-0320.

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 137-047-0320’s source at or​.us