Or. Admin. Code § 137-047-0330 - Electronic Procurement
(1)
Electronic Procurement Authorized.
(a) A
Contracting Agency may conduct all phases of a Procurement, including without
limitation the posting of Electronic Advertisements and the receipt of
Electronic Offers, by electronic methods if and to the extent the Contracting
Agency specifies in a Solicitation Document, a Request for Quotes, or any other
Written instructions on how to participate in the Procurement.
(b) The Contracting Agency shall open an
Electronic Offer in accordance with electronic security measures in effect at
the Contracting Agency at the time of its receipt of the Electronic Offer.
Unless the Contracting 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 Contracting Agency's use of
electronic Signatures shall be consistent with applicable statutes and rules. A
Contracting Agency may limit the use of electronic methods of conducting a
Procurement as Advantageous to the Contracting Agency.
(d) If the Contracting Agency determines that
Bid or Proposal security is or will be required, the Contracting Agency should
not authorize Electronic Offers unless the Contracting Agency has another
method for receipt of such security.
(2) Rules Governing Electronic Procurements.
The Contracting Agency shall conduct all portions of an electronic Procurement
in accordance with these division 47 rules, unless otherwise set forth in this
rule.
(3) Preliminary Matters. As a
condition of participation in an electronic Procurement the Contracting Agency
may require potential Contractors to register with the Contracting Agency
before the date and time on which the Contracting 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 Contracting 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. A Contracting 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 Contracting Agency
specifies that Persons may submit multiple Electronic Offers during a specified
period of time, the Contracting 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 Contracting Agency
will accept Electronic Offers for a period of time, then at the designated date
and time that the Contracting Agency will first receive Electronic Offers, the
Contracting Agency must begin to accept real time Electronic Offers on the
Contracting Agency's Electronic Procurement System, and shall continue to
accept Electronic Offers in accordance with section (5)(b) of this rule until
the date and time specified by the Contracting Agency, after which the
Contracting Agency will no longer accept Electronic Offers.
(5) Receipt of Electronic Offers.
(a) When a Contracting Agency conducts an
electronic Procurement that provides that all Electronic Offers must be
submitted by a particular date and time, the Contracting Agency shall receive
the Electronic Offers in accordance with these division 47 rules.
(b) When the Contracting Agency specifies
that Persons may submit multiple Electronic Offers during a period of time, the
Contracting Agency shall 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 Contracting Agency first receives Electronic
Offers the Contracting Agency shall post on the Contracting Agency's Electronic
Procurement System, and updated on a real time basis, the lowest Electronic
Offer price or the highest ranking Electronic Offer. At any time before the
date and time after which the Contracting 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 Contracting Agency first accepts Electronic Offers.
(C) A Person may withdraw an Electronic Offer
only in compliance with these division 47 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.
(6) Failure of the E-Procurement
System. In the event of a failure of the Contracting Agency's Electronic
Procurement System that interferes with the ability of Persons to submit
Electronic Offers, protest or to otherwise participate in the Procurement, the
Contracting Agency may cancel the Procurement in accordance with OAR
137-047-0660, or may extend the date and time for receipt of Electronic Offers
by providing notice of the extension immediately after the Electronic
Procurement System becomes available.
Notes
Stat. Auth.: ORS 279A.065 & 279B.055
Stats. Implemented: ORS 279A.065
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