Or. Admin. R. 291-160-0030

Current through Register Vol. 63, No. 8, August 1, 2024

Section 291-160-0030 - Competitive Sealed Bidding

(1) Generally. DOC may procure goods or services by competitive sealed Bids. An Invitation to Bid is used to initiate a competitive sealed bidding solicitation. DOC shall provide public notice of the competitive sealed bidding solicitation as set forth in OAR 291-160-0060.

(2) Invitation to Bid. An Invitation to Bid shall include the following:

(a) General information.

(A) Notice of any pre-Offer conference;

(B) The form and instructions for submission, withdrawals, modifications, and corrections of Bids as set forth in the Solicitation Document;

(C) A statement that if the bidder is seeking application of the Oregon Offeror preference, the bidder must identify whether the bidder is an Oregon Offeror, as defined in OAR 291-160-0020; and

(D) The manner in which DOC will notify Offerors of Addenda and how DOC will make Addenda available (See OAR 291-160-0110).

(b) Need to purchase. The character of the goods or services DOC is purchasing including, if applicable, a description of the acquisition, specifications, delivery or performance schedule, inspection, and acceptance requirements that:

(A) Identify the scope of the work to be performed under the resulting Contract, if DOC awards one;

(B) Outline the anticipated duties of the Contractor under any resulting Contract; and

(C) Establish the expectations for the Contractor's performance of any resulting Contract.

(c) Bidding and evaluation process. The Invitation to Bid must:

(A) Set forth the anticipated solicitation schedule, deadlines, and evaluation process;

(B) Set forth objective evaluation criteria. Evaluation criteria need not be precise predictors of actual future costs, but to the extent possible, the evaluation factors must be reasonable estimates DOC has available concerning future use; and

(C) If DOC intends to award Contracts to more than one bidder pursuant to OAR 291-160-0200, identify the manner in which DOC will determine the number of Contracts DOC will award.

(d) Contractor's certification of compliance with the Oregon tax laws in accordance with ORS 305.385.

(e) All contractual terms and conditions in the form of Contract provisions DOC determines are applicable to the procurement. The Contract terms and conditions must specify the consequences of the Contractor's failure to perform the scope of work or to meet the performance standards established by the resulting Contract. Those consequences may include, but are not limited to:

(A) DOC's reduction or withholding of payment under the Contract;

(B) DOC's right to require the Contractor to perform, at the Contractor's expense, any additional work necessary to perform the statement of work or to meet the performance standards established by the resulting Contract; and

(C) DOC's rights, which DOC may assert individually or in combination, to declare a default of the resulting Contract, to terminate the resulting Contract, and to seek damages and other relief available under the resulting Contract or applicable law.

Or. Admin. R. 291-160-0030

DOC 11-2022, adopt filed 11/7/2022, effective 1/1/2023

Statutory/Other Authority: ORS 179.040, 421.438, 423.020, 423.030, 423.075

Statutes/Other Implemented: ORS 179.040, 421.438, 423.020, 423.030, 423.075