Or. Admin. R. 291-160-0040

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

Section 291-160-0040 - Competitive Sealed Proposals

(1) Generally. DOC may procure goods or services by competitive sealed Proposals. DOC shall use a Request for Proposal to initiate a competitive sealed Proposal solicitation. DOC shall provide public notice of the Request for Proposal as set forth in OAR 291-160-0060.

(2) Request for Proposal. The Request for Proposal must 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 Proposals as set forth in the Solicitation Document;

(C) The manner in which DOC will notify proposers 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. DOC's description of its need to purchase must:

(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) Proposal and evaluation process. The Request for Proposals must set forth:

(A) The anticipated solicitation schedule, deadlines, and evaluation process; and

(B) Selection criteria. Evaluation criteria need not be precise predictors of actual future costs and performance, but to the extent possible must:

(i) Afford DOC the ability to compare the Proposals and proposers, applying the same standards of comparison to all proposers;

(ii) Rationally reflect proposers' abilities to perform the resulting Contract in compliance with the Contract's requirements; and

(iii) Permit DOC to determine the relative pricing offered by the proposers, and to reasonably estimate the costs to DOC of entering into a Contract based on each Proposal, considering information available to DOC and subject to the understanding that the actual Contract costs may vary as a result of the statement of work ultimately negotiated or the quantity of goods or services for which DOC Contracts.

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

(e) All contractual terms and conditions that DOC determines are applicable to the procurement. DOC's determination of contractual terms and conditions that are applicable to the procurement may take into consideration, those contractual terms and conditions DOC will not include in the Request for Proposal because DOC either will reserve them for negotiation or will request proposers to offer or suggest those terms or conditions.

(f) 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 scope 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.

(3) DOC may include the applicable contractual terms and conditions in the form of Contract provisions, or legal concepts to be included in the resulting Contract.

(4) For multiple award Contracts, DOC may enter into Contracts with different terms and conditions with each Contractor to the extent those terms and conditions do not materially conflict with the applicable contractual terms and conditions.

Or. Admin. R. 291-160-0040

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