Or. Admin. Code § 731-005-0590 - Pre-Opening Modification or Withdrawal of Offers

(1) Electronic Offers: Modifications or Withdrawals of Electronic Offers. Offeror may modify or withdraw an offer prior to closing time as instructed in the Solicitation documents. The most recent Offer will be the final Offer.

(2) Paper Offers:

(a) Modifications: An Offeror may modify its Offer in Writing prior to the Closing. An Offeror shall prepare and submit any modification to its Offer to ODOT in accordance with OAR 731-005-0530 and 731-005-0540, unless otherwise specified in the Solicitation Document. Any modification must include the Offeror's statement that the modification amends and supersedes the prior Offer. The Offeror shall mark the submitted modification as follows:

(A) Bid Modification; and

(B) Solicitation Number (or Other Identification as specified in the Solicitation Document).

(b) Withdrawals:

(A) An Offeror may withdraw its Offer by Written notice submitted on the Offeror's letterhead, including the Offeror's Bid document number if one has been assigned, Signed by an individual who is authorized to sign the Offer, delivered to the location specified in the Solicitation Document (or the place of Closing if no location is specified), and received by ODOT prior to the Closing. Proof of authorization to sign the Offer must accompany the withdrawal request. The Offeror or authorized representative of the Offeror may also withdraw its Offer in person prior to the Closing, upon presentation of appropriate identification and satisfactory evidence of authority;

(B) ODOT may release an unopened Offer, withdrawn under paragraph (A) of this subsection, to the Offeror or its authorized representative, after voiding any date and time stamp mark;

(C) The Offeror shall mark the Written request to withdraw an Offer as follows:

(i) Bid Withdrawal; and

(ii) Solicitation Number (or Other Identification as specified in the Solicitation Document).

(3) Documentation. ODOT shall include all documents relating to the modification or withdrawal of Offers in the appropriate solicitation file.

Notes

Or. Admin. Code § 731-005-0590

DOT 2-2005, f. 2-16-05, cert. ef. 3-1-05; DOT 4-2007, f. & cert. ef. 5-23-07; DOT 1-2024, amend filed 05/09/2024, effective 6/1/2024

Statutory/Other Authority: ORS 184.619, 279A.050 & 279A.065

Statutes/Other Implemented: ORS 279A.065, 279C.360, 279C.365, 279C.375 & 279C.395