OAR 137-049-0660
RFP Pricing Mechanisms


(1)

An RFP may result in a Contract with a lump-sum Contract Price or a fixed Contract Price, as in the case of competitive bidding. Alternatively, an RFP may result in a cost reimbursement Contract with a GMP or some other maximum price specified in the Contract.

(2)

Economic incentives or disincentives may be included to reflect stated Contracting Agency purposes related to time of completion, safety or other Public Contracting objectives, including but not limited to total least cost mechanisms such as life cycle costing.

(3)

A Guaranteed Maximum Price may be used as the pricing mechanism for CM/GC Services Contracts where a total Contract Price is provided in the design phase in order to assist the Contracting Agency in determining whether the project scope is within the Contracting Agency’s budget, and allowing for design changes during preliminary design rather than after final design services have been completed.

(a)

If the collaborative process described above in this section (3) is successful, the Contractor shall propose a final GMP, which may be accepted by the Contracting Agency and included within the Contract.

(b)

If the collaborative process described above in this section (3) is not successful, and no mutually agreeable resolution on the GMP for the project construction Work can be achieved with the Contractor, then the Contracting Agency shall terminate the Contract. The public Contracting Agency may then proceed to negotiate a new Contract (and GMP) with the firm that was next ranked in the original selection process, or employ other means for continuing the project under ORS Chapter 279C (Public Improvements and Related Contracts).

(4)

When cost reimbursement Contracts are utilized, regardless of whether a GMP is included, the Contracting Agency shall provide for audit controls that will effectively verify rates and ensure that costs are reasonable, allowable and properly allocated.

Source: Rule 137-049-0660 — RFP Pricing Mechanisms, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=137-049-0660.

137‑049‑0100
Application
137‑049‑0110
Policies
137‑049‑0120
Definitions
137‑049‑0130
Competitive Bidding Requirement
137‑049‑0140
Contracts for Construction Other Than Public Improvements
137‑049‑0150
Emergency Contracts
137‑049‑0160
Intermediate Procurements
137‑049‑0200
Solicitation Documents
137‑049‑0210
Notice and Advertising Requirements
137‑049‑0220
Prequalification of Offerors
137‑049‑0230
Eligibility to Bid or Propose
137‑049‑0240
Pre-Offer Conferences
137‑049‑0250
Addenda to Solicitation Documents
137‑049‑0260
Request for Clarification or Change
137‑049‑0270
Cancellation of Solicitation Document
137‑049‑0280
Offer Submissions
137‑049‑0290
Bid or Proposal Security
137‑049‑0300
Facsimile Bids and Proposals
137‑049‑0310
Electronic Procurement
137‑049‑0320
Pre-Closing Modification or Withdrawal of Offers
137‑049‑0330
Receipt, Opening and Recording of Offers
137‑049‑0340
Late Bids, Late Withdrawals and Late Modifications
137‑049‑0350
Mistakes
137‑049‑0360
First-Tier Subcontractors
137‑049‑0370
Disqualification of Persons
137‑049‑0380
Bid or Proposal Evaluation Criteria
137‑049‑0390
Offer Evaluation and Award
137‑049‑0395
Notice of Intent to Award
137‑049‑0400
Documentation of Award
137‑049‑0410
Time for Contracting Agency Acceptance
137‑049‑0420
Negotiation With Bidders Prohibited
137‑049‑0430
Negotiation When Bids Exceed Cost Estimate
137‑049‑0440
Rejection of Offers
137‑049‑0450
Protest of Contractor Selection, Contract Award
137‑049‑0460
Performance and Payment Security
137‑049‑0470
Substitute Contractor
137‑049‑0490
Foreign Contractor
137‑049‑0600
Purpose
137‑049‑0610
Definitions for Alternative Contracting Methods
137‑049‑0620
Use of Alternative Contracting Methods
137‑049‑0630
Findings, Notice and Hearing
137‑049‑0640
Competitive Proposals
137‑049‑0645
Requests for Qualifications (RFQ)
137‑049‑0650
Requests for Proposals (“RFP”)
137‑049‑0660
RFP Pricing Mechanisms
137‑049‑0670
Design-Build Contracts
137‑049‑0680
Energy Savings Performance Contracts (ESPC)
137‑049‑0690
Construction Manager/General Contractor Services (“CM/GC Services”)
137‑049‑0800
Required Contract Clauses
137‑049‑0810
Waiver of Delay Damages Against Public Policy
137‑049‑0815
BOLI Public Works Bond
137‑049‑0820
Retainage
137‑049‑0830
Contractor Progress Payments
137‑049‑0840
Interest
137‑049‑0850
Final Inspection
137‑049‑0860
Public Works Contracts
137‑049‑0870
Specifications
137‑049‑0880
Records Maintenance
137‑049‑0890
Contracting Agency Payment for Unpaid Labor or Supplies
137‑049‑0900
Contract Suspension
137‑049‑0910
Changes to the Work and Contract Amendments
Last Updated

Jun. 8, 2021

Rule 137-049-0660’s source at or​.us