OAR 731-005-0490
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. The Offer is a “Firm Offer,” i.e., the Offer shall be held open by the Offeror for ODOT’s acceptance for the period specified in OAR 731-005-0630 (Time for Agency Acceptance). ODOT’s award of the Contract constitutes acceptance of the Offer and binds the Offeror to the Contract.

(2)

Responsive Offer. ODOT may award a Contract only to a Responsible Offeror with a Responsive Offer.

(3)

Contingent Offers. Except to the extent the Offeror is authorized to propose certain terms and conditions pursuant to OAR 731-005-0470 (Solicitation Methods) and 731-005-0650 (Offer Evaluation and Award), an Offeror shall not make its Offer contingent upon ODOT’s acceptance of any terms or conditions (including Specifications) other than those contained in the Solicitation Document.

(4)

Offeror’s Acknowledgement. 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 Proposal permits proposal of alternative terms under OAR 731-005-0470 (Solicitation Methods)(2), the Offeror’s Offer includes the nonnegotiable terms and conditions and any proposed terms and conditions offered for negotiation upon and to the extent accepted by ODOT in Writing.

Source: Rule 731-005-0490 — Bids or Proposals Are Offers, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=731-005-0490.

731–005–0400
Repealed Rules 731–005–0410
Effective Date 731–005–0420
Scope 731–005–0430
Definitions 731–005–0440
Competitive Procurement 731–005–0460
Eligibility to Bid or Propose on Construction or Landscape Contracts 731–005–0470
Solicitation Methods 731–005–0480
Brand Name Products 731–005–0490
Bids or Proposals Are Offers 731–005–0500
Facsimile Bids and Proposals 731–005–0505
Electronic Procurement 731–005–0510
Use of Electronic Data Interchange 731–005–0520
Notice and Advertising Requirements 731–005–0530
Offer Preparation 731–005–0540
Offeror Submissions 731–005–0550
Bid or Proposal Security 731–005–0560
Pre-Offer Conferences 731–005–0570
Solicitation Protest 731–005–0580
Addenda to a Solicitation Document 731–005–0590
Pre-Opening Modification or Withdrawal of Offers 731–005–0600
Receipt, Opening, and Recording of Offers 731–005–0610
Late Offers, Late Withdrawals and Late Modifications 731–005–0620
Mistakes 731–005–0630
Time for Agency Acceptance 731–005–0640
Extension of Time for Acceptance of Offer 731–005–0650
Offer Evaluation and Award 731–005–0660
Tie Offers 731–005–0670
Rejection of an Offer 731–005–0680
Rejection of All Offers 731–005–0690
Protest of Contractor Selection, Contract Award 731–005–0700
Negotiation with Bidders 731–005–0710
Disqualification of an Entity 731–005–0720
Cancellation of Solicitation 731–005–0730
Disposition of Offers if Solicitation Canceled 731–005–0740
Documentation of Award 731–005–0750
Non-Resident Contractor 731–005–0760
Availability of Award Decisions 731–005–0770
Performance Security
Last Updated

Jun. 8, 2021

Rule 731-005-0490’s source at or​.us