Or. Admin. Code § 125-247-0330 - E-Procurement
(1) General.
(a) Electronic Processes. An Authorized
Agency may conduct all phases of a Procurement, including without limitation,
the posting of Electronic Advertisements and the receipt of Electronic Offers,
by the following electronic processes:
(A)
E-Bidding;
(B) Reverse Auction;
or
(C) Special Procurement if (i)
or (ii) are not appropriate (Electronic Processes). The Authorized Agency must
specify in a Solicitation Document, a request for Quotes, or any other Writing
that instructs Persons how to participate in the Procurement.
(b) Security Measures. The
Authorized Agency must open an Electronic Offer in accordance with electronic
security measures in effect at the Authorized Agency at the time of its receipt
of the Electronic Offer. Unless the Authorized Agency 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) The Authorized Agency's
use of electronic Signatures must be consistent with applicable statutes and
rules. An Authorized Agency must authorize, and may limit the use of Electronic
Processes of conducting a Procurement based on the best interests of the
Authorized Agency, as determined by the Authorized Agency.
(d) If the Authorized Agency determines that
Bid or Proposal security is or will be required, the Authorized Agency should
not authorize Electronic Offers unless the Authorized Agency has another method
for receipt of such security.
(2) Rules Governing Electronic Procurements.
The Authorized Agency must conduct all portions of an electronic Procurement in
accordance with these Division 247 Rules, unless otherwise set forth in this
Rule.
(3) Preliminary Matters. As a
condition of participation in an electronic Procurement, the Authorized Agency
may require potential Contractors to register with the Authorized Agency before
the date and time on which the Authorized Agency will first accept Offers, to
agree to the terms, conditions, or other requirements of a Solicitation
Document, or to agree to terms and conditions governing the Procurement, such
as procedures that the Authorized Agency may use to attribute, authenticate or
verify the accuracy of an Electronic Offer, or the actions that constitute an
electronic Signature.
(4) Offer
Process. An Authorized Agency may specify that Persons must submit an
Electronic Offer by a particular date and time, or that Persons may submit
multiple Electronic Offers during a period of time established in the
Electronic Advertisement. When the Authorized Agency specifies that Persons may
submit multiple Electronic Offers during a specified period of time, the
Authorized Agency must designate a time and date on which Persons may begin to
submit Electronic Offers, and a time and date after which Persons may no longer
submit Electronic Offers. The date and time after which Persons may no longer
submit Electronic Offers need not be specified by a particular date and time,
but may be specified by a description of the conditions that, when they occur,
will establish the date and time after which Persons may no longer submit
Electronic Offers. When the Authorized Agency will accept Electronic Offers for
a period of time, then at the designated date and time that the Authorized
Agency will first receive Electronic Offers, the Authorized Agency must begin
to accept real time Electronic Offers on OregonBuys or other Electronic
Procurement System approved by the State Chief Procurement Officer (for
purposes of this Rule, collectively, OregonBuys), and must continue to accept
Electronic Offers in accordance with Subsection 5 of this Rule until the date
and time specified by the Authorized Agency, after which the Authorized Agency
will no longer accept Electronic Offers.
(5) One-Time Receipt of All Electronic
Offers. When an Authorized Agency conducts an electronic Procurement that
provides that all Electronic Offers must be submitted by a particular date and
time, the Authorized Agency must receive the Electronic Offers in accordance
with these Division 247 Rules.
(6)
Failure of the E-Procurement System. In the event of a failure of OregonBuys or
other Electronic Procurement System approved by the State Chief Procurement
Officer that interferes with the ability of Persons to submit Electronic
Offers, protest or to otherwise participate in the Procurement, the Authorized
Agency may cancel the Procurement in accordance with OAR 125-247-0660, or may
extend the date and time for receipt of Electronic Offers by providing notice
of the extension immediately after the OregonBuys or other Electronic
Procurement System approved by the State Chief Procurement Officer becomes
available.
Notes
Statutory/Other Authority: ORS 279A.065(5)(a) & 279A.070
Statutes/Other Implemented: ORS 279B.050 - 279B.090
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