Or. Admin. Code § 731-146-0140 - ODOT and Contractor Communications

(1) For this rule, "Solicitation Document" means an Invitation to Bid, Request for Proposals, Request for Quotes, a project-specific selection document under a Price Agreement, a small purchase under OAR 731-148-0205 or other similar document issued to invite Offers from prospective Contractors under ORS Chapter 279B or 279C. The following are not Solicitation Documents unless they invite Offers from prospective Contractors: a Request for Qualifications, a prequalification of bidders, a request for information, a sole source notice, an approval of a Special Procurement, or a request for product prequalification.

(2) Research Phase. ODOT is encouraged to conduct research with potential Contractors who can meet the State's needs. This research includes but is not limited to:

(a) Meetings with potential Contractors;

(b) Industry presentations; and

(c) Demonstrations by Contractors that, in ODOT's discretion, demonstrate Goods or Services that may be able to meet ODOT's needs.

(3) ODOT must document all items discussed during the research phase of solicitation development. The research phase ends the day of a Solicitation Document release, unless the Solicitation Document provides for a different process that permits on-going research.

(4) Solicitation and Contracting Phase. Any communication between ODOT and Contractors regarding a solicitation, that occurs after the Solicitation Document release and before the Award of a Contract, must only be made within the context of the Solicitation Document.

(5) Communication may allow for discussions, negotiations, Addenda, Contractor questions, and ODOT's answers to Contractor questions about terms and conditions, specifications, amendments, or related matters. During this phase, telephone conversations and meetings must be documented in the Procurement File. Written inquiries regarding the solicitation should be responded to by ODOT in Writing.

(6) A record of all communications regarding the solicitation by interested Contractors must be made a part of the Procurement File pursuant to OAR 731-146-0030.

Notes

Or. Admin. Code § 731-146-0140

DOT 3-2005(Temp), f. 2-16-05, cert. ef. 3-1-05 thru 8-27-05; DOT 5-2005, f. & cert. ef. 8-23-05; DOT 1-2019, amend filed 02/21/2019, effective 2/21/2019

Statutory/Other Authority: ORS 184.619, 279A.065(6)(a) & 279A.070

Statutes/Other Implemented: ORS 279A.065(5)(a) & 279A.070