OAR 731-005-0650
Offer Evaluation and Award
(1)
General. If awarded, ODOT shall award the Contract to the Responsible Bidder submitting the lowest, Responsive Bid or the Responsible Proposer submitting the best, Responsive Proposal. ODOT may award by item, groups of items or the entire Offer provided such award is consistent with the Solicitation Document and in the public interest.(2)
Agency Evaluation. ODOT shall evaluate an Offer only as set forth in the Solicitation Document and in accordance with applicable law. ODOT shall not evaluate an Offer using any other requirement or criterion.(3)
Offeror Submissions.(a)
ODOT may require an Offeror to submit product samples, descriptive literature, technical data, or other material and may also require any of the following prior to award:(A)
Demonstration, inspection or testing of a product prior to award for characteristics such as quality or workmanship;(B)
Examination of such elements as appearance, finish, taste, or feel; or(C)
Other examinations to determine whether the product conforms to Specifications.(b)
ODOT shall evaluate product acceptability only in accordance with the criteria disclosed in the Solicitation Document to determine that a product is acceptable. ODOT shall reject an Offer providing any product that does not meet the Solicitation Document requirements. ODOT’s rejection of an Offer because it offers nonconforming Work or goods is not Disqualification and is not appealable under ORS 279C.445 (Appeal of disqualification).(4)
Evaluation of Bids. ODOT shall use only objective criteria to evaluate Bids as set forth in the ITB. ODOT shall evaluate Bids to determine which Responsible Offeror offers the lowest Responsive Bid. In determining the lowest Responsive Bid, ODOT shall add a percentage increase to the Bid of a nonresident Bidder equal to the percentage, if any, of the preference given to that Bidder in the state in which the Bidder resides unless prohibited by federal requirements. ODOT shall not negotiate scope of Work or other terms or conditions under an Invitation to Bid process.(5)
Evaluation of Proposals.(a)
ODOT shall only evaluate Proposals in accordance with criteria set forth in the RFP and applicable law. ODOT shall evaluate Proposals to determine the Responsible Proposer submitting the best Responsive Proposal. ODOT may seek information from a Proposer only to clarify the Proposer’s Proposal. Such clarification shall not vary, contradict or supplement the Proposal. ODOT shall not seek clarification of a nonresponsive Proposal. A Proposer must submit Written and Signed clarifications and such clarifications become part of the Proposer’s Proposal. Unless ODOT permitted negotiation in accordance with OAR 731-005-0470 (Solicitation Methods) in its Request for Proposals, ODOT may only negotiate:(A)
The statement of Work, including schedule, and(B)
The Contract Price as it is affected by negotiating the statement of Work.(b)
If ODOT permitted negotiation in the Request for Proposals in accordance with OAR 731-005-0470 (Solicitation Methods), ODOT shall evaluate Proposals and may negotiate as follows:(A)
If the Solicitation Document provided that negotiation may occur at Agency’s discretion, ODOT may forego negotiations and evaluate all Proposals in accordance with subsection (a) of this section;(B)
Unless the solicitation is canceled, after the Opening ODOT will evaluate all Proposals in accordance with the evaluation criteria. After evaluation of all Proposals in accordance with the criteria set forth in the Request for Proposals, ODOT will determine the Proposers in the Competitive Range. ODOT may increase the Competitive Range if ODOT’s evaluation of Proposals establishes a natural break in the scores of Proposers indicating a number greater than the initial Competitive Range;(C)
ODOT shall establish a negotiation team tailored for the solicitation. ODOT’s team may include but is not limited to legal, technical and negotiating personnel;(D)
In addition to the statement of Work, including schedule, and the Contract Price as it is affected by negotiating the statement of Work, ODOT shall only negotiate other terms and conditions expressly authorized for negotiation under the Request for Proposals. A Proposer shall only submit alternative terms and conditions to the terms and conditions ODOT expressly authorized for negotiation under the Request for Proposal;(E)
ODOT shall provide Written notice to all Proposers identifying Proposers in the Competitive Range. A Proposer that is not within the Competitive Range may protest ODOT’s evaluation and determination of the Competitive Range in accordance with OAR 731-005-0690 (Protest of Contractor Selection, Contract Award). All Proposals are open for public inspection subject to the Oregon Public Records Law;(F)
After the protest period provided in accordance with paragraph (5)(b)(E) of this rule expires, or after ODOT has provided a final response to any protest, whichever date is later, ODOT may begin negotiating with Proposers in the Competitive Range. ODOT’s negotiation team shall not favor any particular Proposer. ODOT may negotiate Contract Price, designated terms and conditions and the statement of Work, including schedule. However, ODOT may only negotiate Contract Price to the extent the Proposer would not be excluded from the Competitive Range based on ODOT’s evaluation criteria set forth in the Solicitation Document. ODOT may only negotiate an alternative term or condition submitted by a Proposer if the alternative term or condition is reasonably related to the term or condition ODOT authorized as negotiable. ODOT shall not negotiate any other terms or conditions set forth in the Request for Proposals;(G)
ODOT may evaluate Offers negotiated with Proposers in the Competitive Range at any time during the negotiation process to determine if ODOT will:(i)
Continue negotiating with a particular Proposer;(ii)
Terminate negotiations with a particular Proposer and continue negotiating with other Proposers in the Competitive Range; or(iii)
Conclude negotiations with all remaining Proposers in the Competitive Range in accordance with paragraph (5)(b)(H) of this rule.(H)
ODOT may terminate negotiations with a Proposer in the Competitive Range at any time. If ODOT does not cancel the solicitation at the conclusion of ODOT’s negotiation with all remaining Proposers in the Competitive Range, ODOT shall score the Proposals in the Competitive Range based upon the evaluation criteria in the Request for Proposals;(I)
ODOT shall provide Written notice of intent to award the Contract to all Proposers in the Competitive Range. An unsuccessful Proposer may protest ODOT’s evaluation and determination of the Competitive Range in accordance with OAR 731-005-0690 (Protest of Contractor Selection, Contract Award); and(J)
Nothing in section (5) of this rule shall restrict or prohibit ODOT from canceling the solicitation at any time in accordance with OAR 731-005-0720 (Cancellation of Solicitation).
Source:
Rule 731-005-0650 — Offer Evaluation and Award, https://secure.sos.state.or.us/oard/view.action?ruleNumber=731-005-0650.