OAR 137-047-0550
Prequalification of Prospective Offerors; Pre-negotiation of Contract Terms and Conditions


(1)

A Contracting Agency may prequalify prospective Offerors pursuant to ORS 279B.120 (Prequalification of prospective bidders and proposers) and 279B.125 (Application for prequalification).

(2)

Notwithstanding the prohibition against revocation of prequalification in ORS 279B.120 (Prequalification of prospective bidders and proposers)(3), a Contracting Agency may determine that a prequalified Offeror is not Responsible prior to Contract Award.

(3)

A Contracting 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 Contracting 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. A Contracting Agency may agree to different pre-negotiated Contract terms and conditions with different prospective Proposers. When a Contracting Agency has pre-negotiated different terms and conditions with Proposers or when permitted, Proposers offer different terms and conditions, a Contracting Agency may consider the terms and conditions in the Proposal evaluation process.

Source: Rule 137-047-0550 — Prequalification of Prospective Offerors; Pre-negotiation of Contract Terms and Conditions, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=137-047-0550.

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 137-047-0550’s source at or​.us