Oregon Administrative Rules
Chapter 177 - OREGON STATE LOTTERY
Division 38 - LOTTERY PROCUREMENT RULES
Section 177-038-0130 - Late Submission of Bids or Proposals, Modifications, and Withdrawal
Universal Citation: OR Admin Rules 177-038-0130
Current through Register Vol. 63, No. 9, September 1, 2024
(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.
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
Disclaimer: These regulations may not be the most recent version. Oregon may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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