OAR 731-005-0510
Use of Electronic Data Interchange

(1)

Agency Authorization. ODOT may authorize Offerors to submit EDI Offers. If ODOT determines that Bid or Proposal security is or will be required, ODOT should not authorize EDI Offers unless ODOT has a method for receipt of such security. Prior to authorizing EDI Offers, ODOT must:

(a)

Establish administrative procedures and controls for receiving, identifying, recording, and safeguarding EDI Offers, to ensure timely delivery of the Offers to the Opening location and to preserve the “sealed” requirement of competitive procurement;

(b)

Determine whether ODOT’s procedures, controls, equipment and personnel are capable of receiving the size and volume of anticipated EDI Offers within a short period of time; and

(c)

Make available to interested vendors an EDI “trading partner” or operating agreement (“EDI Operating Agreement”).

(2)

EDI Operating Agreement. An EDI Operating Agreement must address the basic legal issues required to formalize an EDI relationship. The EDI Operating Agreement shall include the following:

(a)

Selection of EDI standards and methods of communication;

(b)

Allocation of responsibilities for ensuring that the equipment, software and services are operated and maintained effectively;

(c)

Procedures for making system changes that may impair the ability of the parties to communicate;

(d)

Required security and authentication procedures and services;

(e)

The method for establishing receipt of Offers and for evidencing the Offeror is bound to its Offer;

(f)

The need (if any) for maintaining confidentiality;

(g)

The allocation of liabilities for failure to meet requirements under the EDI Operating Agreement;

(h)

Methods for resolving any disputes under the EDI Operating Agreement; and

(i)

Document backup and replacement procedures.

(3)

Provisions to Be Included in Solicitation. In addition to all other requirements, if ODOT authorizes an EDI Offer, ODOT will include in the Solicitation Document provisions substantially similar to the following:

(a)

An EDI Offer, as used in this solicitation, means an Offer, modification of an Offer, or withdrawal of an Offer that is transmitted to and received by ODOT in accordance with the EDI Operating Agreement between ODOT and Offeror.

(b)

An Offeror may submit an EDI Offer in response to this solicitation provided the Offeror has an effective EDI Operating Agreement with ODOT. The EDI Offer must arrive at the place and by the time specified in the Solicitation Document.

(c)

An Offeror must Sign its EDI Offer in accordance with the EDI Operating Agreement between ODOT and the Offeror.

(d)

ODOT reserves the right to award the Contract based solely on the EDI Offer. Unless otherwise provided under the EDI Operating Agreement, the Offeror shall promptly submit conformed Signed documents upon ODOT’s request.

(e)

Unless otherwise expressly agreed upon under the EDI Operating Agreement, ODOT is not responsible for any failure attributable to the transmission or receipt of the EDI Offer including, but not limited to the following:

(A)

Receipt of garbled or incomplete documents.

(B)

Availability or condition of the receiving equipment.

(C)

Incompatibility between the sending and receiving equipment.

(D)

Delay in transmission or receipt of documents.

(E)

Failure of the Offeror to properly identify the Offer documents.

(F)

Illegibility of Offer documents.

(G)

Security and confidentiality of data.

Source: Rule 731-005-0510 — Use of Electronic Data Interchange, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=731-005-0510.

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 731-005-0510’s source at or​.us