Or. Admin. R. 291-160-0240

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

Section 291-160-0240 - Cancellation of Procurement or Solicitation

(1) Cancellation in DOC's Interest. DOC, in its sole discretion, may cancel a procurement or solicitation in whole or in part when the cancellation is in the best interest of DOC as determined by DOC. The reasons for the cancellation must be made a part of the procurement file.

(2) Notice of Cancellation Before Opening. If DOC cancels a procurement or solicitation prior to Opening, DOC shall provide Written notice of cancellation in the same manner that DOC initially provided notice of the solicitation. Such notice of cancellation shall:

(a) Identify the Solicitation Document;

(b) Briefly explain the reason for cancellation; and

(c) If appropriate, explain that an opportunity will be given to compete on any re-solicitation.

(3) Notice of Cancellation After Opening. If DOC cancels a procurement or solicitation after opening, DOC shall provide Written notice of cancellation to all Offerors who submitted Offers.

(4) Disposition of Offers.

(a) Prior to Opening. If DOC cancels a procurement or solicitation prior to Opening, DOC shall return all Offers it received to Offerors unopened, provided the Offeror submitted its Offer in a hard copy format with a clearly visible return address. If there is no return address on the envelope, DOC shall open the Offer to determine the source and then return it to the Offeror. For Electronic Offers, DOC shall delete the Offers from any electronic procurement system approved by the State Chief Procurement Officer or DOC information technology system.

(b) After Opening. If DOC cancels a procurement or solicitation after Opening, DOC:

(A) May return Proposals; and

(B) Shall keep Bids in the procurement file.

(c) Rejection of All Offers. If DOC rejects all Offers, DOC shall keep all Proposals and Bids in the procurement file.

Or. Admin. R. 291-160-0240

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