Or. Admin. Code § 137-047-0310 - Bids or Proposals are Offers
(1) Offer and Acceptance. The Bid or Proposal
is the Bidder's or Proposer's Offer to enter into a Contract.
(a) In competitive bidding and competitive
Proposals, the Offer is always a "Firm Offer," i.e. the Offer shall be held
open by the Offeror for the Contracting Agency's acceptance for the period
specified in OAR 137-047-0480. The Contracting Agency may elect to accept the
Offer at any time during the specified period, and the Contracting Agency's
Award of the Contract constitutes acceptance of the Offer and binds the Offeror
to the Contract.
(b)
Notwithstanding the fact that a competitive Proposal is a "Firm Offer" for the
period specified in OAR 137-047-0480, the Contracting Agency may elect to
discuss or negotiate certain contractual provisions, as identified in these
rules or in the Solicitation Document, with the Proposer. Where negotiation is
permitted by the rules or the Solicitation Document, Proposers are obligated to
negotiate in good faith and only on those terms or conditions that the rules or
the Solicitation Document have reserved for negotiation.
(2) Contingent Offers. Except to the extent
the Proposer is authorized to propose certain terms and conditions pursuant to
OAR 137-047-0262, a Proposer shall not make its Offer contingent upon the
Contracting Agency's acceptance of any terms or conditions (including
Specifications) other than those contained in the Solicitation
Document.
(3) Offeror's
Acknowledgment. By Signing and returning the Offer, the Offeror acknowledges it
has read and understands the terms and conditions contained in the Solicitation
Document and that it accepts and agrees to be bound by the terms and conditions
of the Solicitation Document. If the Request for Proposals permits Proposers to
propose alternative terms or conditions under OAR 137-047-0261, the Offeror's
Offer includes any nonnegotiable terms and conditions, any proposed terms and
conditions offered for negotiation upon and to the extent accepted by the
Contracting Agency in Writing, and Offeror's agreement to perform the scope of
work and meet the performance standards set forth in the final negotiated scope
of work.
Notes
Stat. Auth.: ORS 279A.065
Stats. Implemented: ORS 279A.065, 279B.055 & 279B.60
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