Or. Admin. Code § 177-038-0130

Current through Register Vol. 63, No. 12, December 1, 2024

Section 177-038-0130 - Late Submission of Bids or Proposals, Modifications, and Withdrawal

(1) Late Submission:

(a) Any Offer in response to a Solicitation Document received after Closing is late. An Offeror's request for withdrawal or modification of an Offer in response to a Solicitation Document received after Closing is late. The Lottery shall not consider withdrawals submitted after Closing except as permitted in OAR 177-038-0130(2)(b).

(b) An Offer, withdrawal or modification will be considered received by the Lottery as of the earlier of:

(A) The date and time stamp affixed to the Offer, withdrawal or modification by Lottery upon its receipt; or

(B) The date and time of delivery to Lottery as recorded by the public or commercial carrier that delivered the Offer, withdrawal or modification; provided that Lottery is able to verify to its reasonable satisfaction the accuracy of such record.

(2) Bids and Proposals - Modification or Withdrawal:

(a) Before Closing: An Offeror may modify or withdraw its Bid or Proposal before Closing by submitting a written Bid or Proposal modification or written Bid or Proposal withdrawal notice to Lottery that includes the signature of Offeror's authorized representative acknowledging the modification or withdrawal. The signature of Offeror's authorized representative may be either electronic or handwritten. The last Offer received by the Lottery before Closing will supersede all previous Offers.

(b) After Closing: The Lottery may permit an Offeror to withdraw an Offer after Closing based on one or more errors in the Offer only if the Offeror provides a detailed written description of the error to the Lottery and demonstrates to the satisfaction of the Director:

(A) Minor Informality: The error is not a Minor Informality as defined in OAR 177-038-0170;

(B) Good Faith: The Offeror acted in good faith and without gross negligence in submitting an Offer to the Lottery that contained the error and in claiming that error exists;

(C) Substantial Detriment: The Offeror will suffer substantial detriment if the Lottery does not permit the Offeror to withdraw the Offer;

(D) Non-Reliance of Lottery: The Lottery has not relied upon the Offer to the Lottery's detriment such that permitting the Offeror to withdraw the Offer will cause substantial hardship on the Lottery; and

(E) Prompt Notice: The Offeror promptly gave notice of the claimed error to the Lottery.

Or. Admin. Code § 177-038-0130

LOTT 8-2018, adopt filed 09/28/2018, effective 10/1/2018

Statutory/Other Authority: ORS Chapter 461 & Oregon Constitution, Article XV, §4(4)

Statutes/Other Implemented: ORS 461.400, ORS 461.410, ORS 461.420, ORS 461.430 & ORS 461.440