OAR 731-005-0505
Electronic Procurement


(1)

General. ODOT may utilize Electronic Advertisement of Public Improvement Contracts in accordance with ORS 279C.360 (Requirement for public improvement advertisements), provided that advertisements of such Contracts with an estimated Contract Price in excess of $125,000 are also published in a trade newspaper of general statewide circulation. ODOT may post notices of intent to award electronically as provided by ORS 279C.410 (Receipt of proposals).

(2)

Alternative Procedures. In the event that ODOT desires to direct or permit the submission and receipt of Offers for a Public Improvement Contract by electronic means, as allowed under ORS 279C.365 (Requirements for solicitation documents and bids and proposals), it shall first promulgate supporting procedures substantially in conformance with OAR chapter 731 division 5, taking into account ORS Chapter 279C (Public Improvements and Related Contracts) requirements for Written Bids, opening Bids publicly, Bid security, first-tier subcontractor disclosure and inclusion of prevailing wage rates.

(3)

Interpretation. Nothing in this rule shall be construed as prohibiting ODOT from making procurement documents for Public Improvement Contracts available in electronic format as well as in hard copy when Bids are to be submitted only in hard copy.

(4)

Electronic Procurement Authorized:

(a)

ODOT may conduct all phases of a Procurement, including without limitation the posting of Electronic Advertisements and the receipt of Electronic Offers, by electronic methods if and to the extent ODOT specifies in a Solicitation Document, or any other Written instructions on how to participate in the Procurement;

(b)

ODOT shall open an Electronic Offer in accordance with electronic security measures in effect at ODOT at the time of its receipt of the Electronic Offer. Unless ODOT provides procedures for the secure receipt of Electronic Offers, the Person submitting the Electronic Offer assumes the risk of premature disclosure due to submission in unsealed form;

(c)

ODOT’s use of electronic or digital Signatures shall be consistent with applicable statutes and rules. ODOT may limit the use of electronic methods of conducting a procurement as advantageous to the contracting agency;

(d)

If ODOT determines that Bid or Proposal security is or will be required, ODOT shall not authorize Electronic Offers unless it has established methods for receipt of such security.

(5)

Rules Governing Electronic Procurements. ODOT shall conduct all portions of an Electronic Procurement in accordance with OAR chapter 731 division 5, unless otherwise set forth in this rule.

(6)

Preliminary Matters. As a condition of participation in an electronic Procurement ODOT may require potential Contractors to:

(a)

Register with ODOT before the date and time on which ODOT will first accept Offers;

(b)

Agree to the terms, conditions, or other requirements of a Solicitation Document; or

(c)

Agree to terms and conditions governing the procurement, such as procedures that ODOT may use to attribute, authenticate or verify the accuracy of an Electronic Offer, or the actions that constitute an electronic or digital Signature.

(7)

Offer Process. ODOT may specify that persons must submit an Electronic Offer by a particular date and time.

(8)

Receipt of Electronic Offers:

(a)

If ODOT permits Electronic Offers in the Solicitation Document, the Offeror may submit Electronic Offers in accordance with the Solicitation Document. ODOT shall not consider Facsimile or Electronic Offers unless authorized by the Solicitation Document;

(b)

When ODOT conducts an electronic procurement that provides that all Electronic Offers must be submitted by a particular date and time, ODOT shall receive the Electronic Offers in accordance with OAR chapter 731 division 5;

(c)

A person may withdraw an Electronic Offer at any time prior to the specified date and time in accordance with solicitation documents.

(9)

Failure of the Electronic Procurement System. In the event of a failure of ODOT’s Electronic Procurement System that interferes with the ability of Persons to submit Electronic Offers, protest or to otherwise participate in the procurement, the contracting agency may cancel the procurement in accordance with OAR 731-005-0730 (Disposition of Offers if Solicitation Canceled), or may extend the date and time for receipt of Electronic Offers by providing notice of the extension immediately after the Electronic Procurement System becomes available.

Source: Rule 731-005-0505 — Electronic Procurement, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=731-005-0505.

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 731-005-0505’s source at or​.us