Or. Admin. R. 291-160-0070

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

Section 291-160-0070 - Bids or Proposals are Offers

(1) Offer and Acceptance. The Bid or Proposal is the Offeror's Offer to enter into a Contract.

(a) In competitive bidding and competitive Proposals, the Offer is always a Firm Offer, i.e., the offer shall be held open by the offeror for DOC's acceptance for the period specified in the solicitation document. DOC may elect to accept the Offer at any time during the specified period, and DOC's Award of the Contract constitutes acceptance of the Offer and binds the Offeror to the Contract at the prices contained in the Offeror's Offer.

(b) Notwithstanding the fact that a competitive Proposal is a Firm Offer for the period specified in the Solicitation Document, DOC may elect to discuss or negotiate certain contractual provisions, as identified in these rules or in the Solicitation Document, with the Offeror. Where negotiation is permitted by the rules or the Solicitation Document, Offerors are obligated to negotiate in good faith and only on those terms or conditions that the rules or the Solicitation Document have reserved for negotiation.

(2) Contingent Offers. Except to the extent the Offeror is authorized to propose certain terms and conditions pursuant to the Solicitation Document, an Offeror shall not make its Offer contingent upon DOC's acceptance of any terms or conditions (including specifications) other than those contained in the Solicitation Document.

(3) Offeror's Acknowledgment. By signing and returning the Offer, the Offeror acknowledges it has read and understands the terms and conditions contained in the Solicitation Document and that it accepts and agrees to be bound by the terms and conditions of the Solicitation Document. If the Solicitation Document permits Offerors to propose alternative terms or conditions, the Offeror's Offer must include all nonnegotiable or non-negotiated terms and conditions required by the Solicitation Document, any proposed terms and conditions offered for negotiation upon and to the extent accepted by DOC in Writing, and Offeror's agreement to perform the scope of work and meet the performance standards set forth in the final negotiated scope of work.

Or. Admin. R. 291-160-0070

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