Oregon Administrative Rules
Chapter 291 - DEPARTMENT OF CORRECTIONS
Division 160 - DOC PROCUREMENTS FOR OPERATIONAL SUPPORT AND ADULT IN CUSTODY PROGRAMS
Section 291-160-0030 - Competitive Sealed Bidding
Universal Citation: OR Admin Rules 291-160-0030
Current through Register Vol. 63, No. 9, September 1, 2024
(1) Generally. DOC may procure goods or services by competitive sealed Bids. An Invitation to Bid is used to initiate a competitive sealed bidding solicitation. DOC shall provide public notice of the competitive sealed bidding solicitation as set forth in OAR 291-160-0060.
(2) Invitation to Bid. An Invitation to Bid shall include the following:
(a) General
information.
(A) Notice of any pre-Offer
conference;
(B) The form and
instructions for submission, withdrawals, modifications, and corrections of
Bids as set forth in the Solicitation Document;
(C) A statement that if the bidder is seeking
application of the Oregon Offeror preference, the bidder must identify whether
the bidder is an Oregon Offeror, as defined in OAR
291-160-0020; and
(D) The manner in which DOC will notify
Offerors of Addenda and how DOC will make Addenda available (See OAR
291-160-0110).
(b) Need to purchase. The character of the
goods or services DOC is purchasing including, if applicable, a description of
the acquisition, specifications, delivery or performance schedule, inspection,
and acceptance requirements that:
(A)
Identify the scope of the work to be performed under the resulting Contract, if
DOC awards one;
(B) Outline the
anticipated duties of the Contractor under any resulting Contract;
and
(C) Establish the expectations
for the Contractor's performance of any resulting Contract.
(c) Bidding and evaluation process. The
Invitation to Bid must:
(A) Set forth the
anticipated solicitation schedule, deadlines, and evaluation process;
(B) Set forth objective evaluation criteria.
Evaluation criteria need not be precise predictors of actual future costs, but
to the extent possible, the evaluation factors must be reasonable estimates DOC
has available concerning future use; and
(C) If DOC intends to award Contracts to more
than one bidder pursuant to OAR
291-160-0200, identify the
manner in which DOC will determine the number of Contracts DOC will
award.
(d) Contractor's
certification of compliance with the Oregon tax laws in accordance with ORS
305.385.
(e) All contractual terms and conditions in
the form of Contract provisions DOC determines are applicable to the
procurement. The Contract terms and conditions must specify the consequences of
the Contractor's failure to perform the scope of work or to meet the
performance standards established by the resulting Contract. Those consequences
may include, but are not limited to:
(A) DOC's
reduction or withholding of payment under the Contract;
(B) DOC's right to require the Contractor to
perform, at the Contractor's expense, any additional work necessary to perform
the statement of work or to meet the performance standards established by the
resulting Contract; and
(C) DOC's
rights, which DOC may assert individually or in combination, to declare a
default of the resulting Contract, to terminate the resulting Contract, and to
seek damages and other relief available under the resulting Contract or
applicable law.
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
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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