Or. Admin. Code § 731-005-0650 - Offer Evaluation and Award
(1)
General. A Highway Construction Contract, if awarded, shall be awarded to the
Responsible Bidder submitting the lowest Responsive Bid, provided that such
Entity is not listed by the Construction Contractors Board as disqualified to
hold a Contract for a Public Improvement. ODOT shall evaluate an Offer only as
set forth in the Solicitation Document and in accordance with applicable law.
ODOT shall not evaluate an Offer using any other requirement or criterion. This
OAR 731-005-0650 does not apply to
projects procured pursuant to an Exempted Selection Method.
(2) Bid Evaluation Criteria. Invitations to
Bid may solicit lump-sum Offers, unit-price Offers, or a combination of the
two:
(a) If the ITB requires a lump-sum Bid,
without additive or deductive alternates, or if ODOT elects not to award
additive or deductive alternates, Bids shall be compared on the basis of
lump-sum prices, or lump-sum base Bid prices, as applicable. If the ITB calls
for a lump-sum base Bid, plus additive or deductive alternates, the
Solicitation Documents shall provide the criteria for selection; and
(b) If the Bid includes unit pricing for
estimated quantities, the total Bid price shall be calculated by multiplying
the estimated quantities by the unit prices submitted by the Bidder, and
adjusting for any additive or deductive alternates selected by ODOT, for the
purpose of comparing Bids. In the event of mathematical discrepancies between
unit price and any extended price calculations submitted by the Bidder, the
unit price shall govern. See OAR
731-005-0620(2)(b).
(3) Offeror Submissions.
(a) ODOT may require an Offeror to submit
product samples, descriptive literature, technical data, or other material and
may also require any of the following prior to award:
(A) Demonstration, inspection or testing of a
product prior to award for characteristics such as quality or
workmanship;
(B) Examination of
such elements as appearance, finish, taste, or feel; or
(C) Other examinations to determine whether
the product conforms to Specifications.
(b) ODOT shall evaluate product acceptability
only in accordance with the criteria disclosed in the Solicitation Document to
determine that a product is acceptable. ODOT shall reject an Offer providing
any product that does not meet the Solicitation Document requirements. ODOT's
rejection of an Offer because it offers nonconforming Work or goods is not
Disqualification and is not appealable under ORS
279C.445.
(4) Evaluation of Bids. ODOT shall use only
objective criteria to evaluate Bids as set forth in the ITB. ODOT shall
evaluate Bids to determine which Responsible Offeror offers the lowest
Responsive Bid. In determining the lowest Responsive Bid, ODOT shall add a
percentage increase to the Bid of a nonresident Bidder equal to the percentage,
if any, of the preference given to that Bidder in the state in which the Bidder
resides unless prohibited by federal requirements. ODOT shall not negotiate
scope of Work or other terms or conditions under an Invitation to Bid
process.
Notes
Statutory/Other Authority: ORS 184.619, 279A.050 & 279A.065
Statutes/Other Implemented: ORS 279C.300, 279C.335, 279C.365, 279C.375 & 279C.395
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