Or. Admin. R. 736-146-0140 - Ethics in OPRD and Contractor Communications

(1) Research Phase. OPRD is encouraged to conduct research with contractors who can meet the state's needs. This research includes but is not limited to:

(a) Meetings;

(b) Industry presentations; and

(c) Demonstrations with contractors that, in OPRD's discretion, may be able to meet OPRD's needs.

(2) OPRD must document the items discussed during the research phase of solicitation development. The research phase ends the day of a solicitation release or request for a quote pursuant to an intermediate procurement, unless the solicitation or intermediate procurement provides for a different process that permits on-going research.

(3) Solicitation and Contracting Phase. Any communication between OPRD and contractors regarding a solicitation, that occurs after the solicitation release or request for a quote and before the award of a contract, must only be made within the context of the solicitation document or intermediate procurement requirements.

(4) Communication may allow for discussions, negotiations, addenda, contractor questions, and OPRD's answers to contractor questions about terms and conditions, specifications, amendments, or related matters. During this phase, telephone conversations and meetings must be documented in the procurement file. Written inquiries regarding the solicitation should be responded to by OPRD in writing.

(5) A record of all material communications regarding the solicitation by interested contractors must be made a part of the procurement file pursuant to OAR 736-146-0030.

Notes

Or. Admin. R. 736-146-0140

PRD 1-2007, f. & cert. ef. 2-7-07; PRD 12-2008, f. & cert. e.f 12-15-08; PRD 16-2009, f. & cert. ef. 12-4-09

Stat. Auth.: ORS 279A.065(5)(a) & 279A.070

Stats. Implemented: ORS 279A.065(5)(a), 279A.070 & 279A.140