Or. Admin. Code § 125-247-0340 - Reverse Auctions
(1) If the
Authorized Agency desires to conduct a Reverse Auction as defined in OAR
125-247-0288, the Authorized Agency must follow the policy of the Department.
The requirements of OAR 125-247-0288 apply to Reverse Auctions. In the event of
conflict or ambiguity, the more specific requirements of OAR 125-247-0288 take
precedence over the more general requirements of this Rule.
(2) Multiple Receipts of Offers during a
Period of Time. When the Authorized Agency specifies that Persons may submit
multiple Electronic Offers during a period of time, the Authorized Agency must
accept Electronic Offers, and Persons may submit Electronic Offers, in
accordance with the following:
(a) Following
receipt of the first Electronic Offer after the day and time the Authorized
Agency first receives Electronic Offers, the Authorized Agency must give notice
to the initial Bidders and update on a real time basis:
(A) The prices of the other Bidders or the
price of the most competitive Bidder;
(B) The rank of each Bidder (e.g., (i)
"winning" or "not winning" or (ii) "1st, 2nd, or higher");
(C) The scores of the Bidders if the
Authorized Agency chooses to use a scoring model that weighs non-price factors
in addition to price; or
(D) Any
combination of (A), (B) and (C) above. At any time before the date and time
after which the Authorized Agency will no longer receive Electronic Offers, a
Person may revise its Electronic Offer, except that a Person may not lower its
price unless that price is below the then lowest Electronic Offer.
(b) A Person may not increase the
price set forth in an Electronic Offer after the day and time that the
Authorized Agency first accepts Electronic Offers.
(c) A Person may withdraw an Electronic Offer
only in compliance with these division 247 Rules. If a Person withdraws an
Electronic Offer, it may not later submit an Electronic Offer at a price higher
than that set forth in the withdrawn Electronic Offer.
Notes
Stat. Auth.: ORS 279A.065(5)(a), 279A.070
Stats. Implemented: ORS 279B.050-279B.085
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