Or. Admin. Code § 137-047-0550 - Prequalification of Prospective Offerors; Pre-negotiation of Contract Terms and Conditions
(1) A
Contracting Agency may prequalify prospective Offerors pursuant to ORS 279B.120
and 279B.125.
(2) Notwithstanding
the prohibition against revocation of prequalification in ORS 279B.120(3), a
Contracting Agency may determine that a prequalified Offeror is not Responsible
prior to Contract Award.
(3) A
Contracting Agency may pre-negotiate some or all Contract terms and conditions
including prospective Proposer Contract forms such as license agreements,
maintenance and support agreements or similar documents for use in future
Procurements. Such pre-negotiation of Contract terms and conditions (including
prospective Proposer forms) may be part of the prequalification process of a
Proposer in section (1) or the pre-negotiation may be a separate process and
not part of a prequalification process. Unless required as part of the
prequalification process, the failure of the Contracting Agency and the
prospective Proposer to reach agreement on pre-negotiated Contract terms and
conditions does not prohibit the prospective Proposer from responding to
Procurements. A Contracting Agency may agree to different pre-negotiated
Contract terms and conditions with different prospective Proposers. When a
Contracting Agency has pre-negotiated different terms and conditions with
Proposers or when permitted, Proposers offer different terms and conditions, a
Contracting Agency may consider the terms and conditions in the Proposal
evaluation process.
Notes
Stat. Auth.: ORS 279A.065
Stats. Implemented: ORS 279A.015, 279B.120
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