Or. Admin. Code § 125-247-0255 - Competitive Sealed Bidding
(2) Regardless of OAR 137-047-0255 and
137-047-0257, Authorized Agencies must comply with the following provisions:
(a) Options. An Authorized Agency may use one
or more or any combination of the processes described in this Rule.
(b) Public Notice. The Authorized Agency must
provide public notice of the Competitive Sealed Bidding Solicitation as set
forth in OAR 125-247-0305.
(c)
Emerging Small Business. The Invitation to Bid must include the requirement, if
applicable, for the awarded Bidder to obtain or subcontract labor, materials,
or labor and materials from a supplier registered as an Emerging Small
Business.
(d) Revised Rounds of
Bidding.
(A) Process. Revised Rounds of
Bidding means a process that begins with an initial round of Competitive Sealed
Bidding according to OAR 125-247-0255 and may, at the discretion of the
Authorized Agency, include successive rounds of Bidding in order for the Agency
to gain the best Offer for purposes of Award. An Agency may revise the
Solicitation's Specifications, terms and conditions, and pricing structure for
successive rounds to best meet the State's needs. Bidders must be allowed
adequate time to revise and resubmit their Bids in accordance with the
requirements set forth in the newly revised Solicitation Document. At each
successive round, the Agency may disregard its scoring of prior Bids and
commence new scoring for the new Bids. The Agency must comply with the
following procedures for this type of Solicitation:
(B) Revisions. The Agency may reject any Bid,
after any round, because the Bid did not meet a minimum score or minimum set of
requirements. The Agency may then proceed with a subsequent round that requires
additional Bids to be submitted, based on different Specifications, terms and
conditions, pricing structure, scoring model, references and set of award
criteria, separately or in any combination thereof, in order to best meet the
State's interests (Revisions). If any Revision is made by the Agency in any
subsequent round, the Agency has the right, in its sole discretion, to permit
any Bidder whose Bid was previously rejected to submit a new Bid, if the
reason(s) for the rejection of the prior Bid by that Bidder no longer applies.
Following clarifications and additional investigations, the Agency may
reinstate or disqualify an Bidder at any stage of the evaluation
process.
(C) Disclosures. The
initial Solicitation Document must disclose that a Revised Rounds of Bidding
process will or may be used. The Agency must give notice to all initial Bidders
of any Revision(s) in the Specifications, terms and conditions, pricing
structure, scoring model, and award criteria, separately or in any combination.
If the Agency discloses any prices, terms or conditions offered by other
Bidders, the Agency must give notice of these disclosures to the initial
Bidders.
Notes
Stat. Auth.: ORS 279A.065(5)(a) & 279A.070
Stats. Implemented: ORS 279B.055
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