Or. Admin. R. 291-160-0200

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

Section 291-160-0200 - Offer Evaluation and Award for Competitive Sealed Procurements

(1) DOC Evaluation. DOC shall accept and evaluate Offers using only the criterion as set forth in the Solicitation Document. DOC shall not evaluate Offers using any other requirement or criterion.

(2) Preferences.

(a) SDVOB Preference. When awarding a Contract that does not exceed $150,000, DOC may give a preference for a SDVOB.

(b) Oregon Goods and Services.

(A) When procuring goods or services, DOC may give a 5 percent preference for goods or services that are either Produced or Processed, or both, Entirely in Oregon.

(B) Determining if goods are Produced or Processed, or services are performed, Entirely in Oregon. In applying subsection (2)(b) of this rule, DOC shall determine whether a procurement is predominantly for goods or services and then use the predominant purpose to determine if the goods are Produced or Processed, or the services are performed, Entirely in Oregon. DOC may request, either in a Solicitation Document, following Closing, or at any other time DOC determines is appropriate, any information or documentation DOC may need to determine if the goods are Produced or Processed, or services are performed, Entirely in Oregon. DOC may use any reasonable criteria to determine if goods are Produced or Processed, or services are performed, Entirely in Oregon, provided that the criteria reasonably relate to that determination, and provided that the DOC applies those criteria equally to each Offer.

(C) If DOC determines to give a preference for Oregon goods and Oregon services DOC shall set forth in the Solicitation Document the terms and conditions under which it will apply the preference.

(c) Oregon Offeror. When procuring goods, services, or both, DOC may give a 5 percent preference for Oregon Offerors. DOC may request, either in a Solicitation Document, following Closing, or at any other time DOC determines is appropriate, any information or documentation DOC may need to determine if the Offeror meets the definition of an Oregon Offeror. If DOC determines to give preference for Oregon Offerors, DOC shall set forth in the Solicitation Document the terms and conditions under which it will apply the preference.

(d) Recycled Materials.

(A) When procuring goods, DOC may give preference for Recycled Materials if:

(i) The Recycled Product is available;

(ii) The Recycled Product meets applicable standards;

(iii) The Recycled Product can be substituted for a comparable nonrecycled product; and

(iv) The Recycled Product's costs do not exceed the costs of nonrecycled products by more than five percent, or a higher percentage if a Written determination is made by DOC.

(B) If DOC determines to give a preference for Recycled Materials, DOC shall set forth in the Solicitation Document the terms and conditions under which it will apply the preference.

(3) Award When Offers are Identical. If DOC determines that one or more Bids or Proposals are identical under OAR 291-160-0210, DOC shall award a Contract in accordance with the procedures set forth in OAR 291-160-0210.

(4) Clarification of Bids or Proposals. After Opening, DOC may conduct discussions with apparent Responsive Offerors for the purpose of clarification to assure full understanding of the Bids or Proposals. All Bids or Proposals, in the DOC's sole discretion, needing clarification must be accorded such an opportunity. DOC shall document clarification of any Bid or Proposal in the procurement file.

(5) Negotiations.

(a) Invitations to Bid. DOC shall not negotiate with any bidder. After award of the Contract, DOC and Contractor may only modify the Contract as set forth in the Solicitation Document.

(b) Requests for Proposals. DOC may conduct discussions or negotiate with proposers only in accordance with Solicitation Document. After award of the Contract, DOC and Contractor may only modify the Contract in accordance with OAR291-160-0370.

(6) Award.

(a) General. If Awarded, DOC shall Award the Contract to the Responsible bidder submitting the lowest, Responsive Bid or the Responsible proposer submitting the most Advantageous, Responsive Proposal. DOC may Award by item, groups of items or the entire Offer provided such Award is consistent with the Solicitation Document and in DOC's interest as determined by DOC.

(b) Multiple items. An Invitation to Bid or Request for Proposals may call for pricing of multiple items of similar or related type with Award based on individual line item, group total of certain items, a "market basket" of items representative of DOC's expected purchases, or grand total of all items.

(c) Multiple Awards - Bids.

(A) Notwithstanding subsection (6)(a) of this rule, DOC may Award multiple Contracts under an Invitation to Bid in accordance with the criteria set forth in the Invitation to Bid. Multiple Awards shall not be made if a single Award will meet DOC's needs, including but not limited to adequate availability, delivery, service, or product compatibility. A multiple Award may be made if Award to two or more bidders of similar goods or services is necessary for adequate availability, delivery, service or product compatibility. Multiple Awards may not be made for the purpose of dividing the procurement into multiple solicitations, or to allow for user preference unrelated to utility or economy. A notice to prospective bidders that multiple Contracts may be Awarded for any Invitation to Bid shall not preclude DOC from Awarding a single Contract under such Invitation to Bid.

(B) If an Invitation to Bid permits the Award of multiple Contracts, DOC shall specify in the Invitation to Bid the criteria it will use to choose from the multiple Contracts when purchasing goods or services.

(d) Multiple Awards - Proposals.

(A) Notwithstanding subsection (6)(a) of this rule, DOC may Award multiple Contracts under a Request for Proposals in accordance with the criteria set forth in the Request for Proposals. Multiple Awards shall not be made if a single Award will meet the DOC's needs, including but not limited to adequate availability, delivery, service or product compatibility. A multiple Award may be made if Award to two or more proposers of similar goods or services is necessary for adequate availability, delivery, service or product compatibility. Multiple Awards may not be made for the purpose of dividing the procurement into multiple solicitations, or to allow for user preference unrelated to obtaining the most Advantageous Contract. A notice to prospective proposers that multiple Contracts may be Awarded for any Request for Proposals shall not preclude DOC from Awarding a single Contract for such Request for Proposals.

(B) If a Request for Proposals permits the Award of multiple Contracts, DOC shall specify in the Request for Proposals the criteria it will use to choose from the multiple Contracts when purchasing goods or services, which may include consideration and evaluation of the Contract terms and conditions agreed to by the Contractors.

(e) Partial Awards. If after evaluation of Offers, DOC determines that an acceptable Offer has been received for only parts of the requirements of the Solicitation Document:

(A) DOC may Award a Contract for the parts of the Solicitation Document for which acceptable Offers have been received;

(B) DOC may reject all Offers and may issue a new Solicitation Document on the same or revised terms, conditions and Specifications; or

(C) DOC may reject all Offers and cancel the procurement in its entirety.

(f) All or none Offers. DOC may Award all or none Offers if the evaluation shows an all or none Award to be the lowest cost for Bids or the most Advantageous for Proposals of those submitted.

Or. Admin. R. 291-160-0200

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