Current through Register Vol. 63, No. 9, September 1, 2024
(1) Generally. DOC
may procure goods or services by competitive sealed Proposals. DOC shall use a
Request for Proposal to initiate a competitive sealed Proposal solicitation.
DOC shall provide public notice of the Request for Proposal as set forth in OAR
291-160-0060.
(2) Request for Proposal. The Request for
Proposal must 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
Proposals as set forth in the Solicitation Document;
(C) The manner in which DOC will notify
proposers 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. DOC's description of its need to purchase must:
(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) Proposal and evaluation process. The
Request for Proposals must set forth:
(A) The
anticipated solicitation schedule, deadlines, and evaluation process;
and
(B) Selection criteria.
Evaluation criteria need not be precise predictors of actual future costs and
performance, but to the extent possible must:
(i) Afford DOC the ability to compare the
Proposals and proposers, applying the same standards of comparison to all
proposers;
(ii) Rationally reflect
proposers' abilities to perform the resulting Contract in compliance with the
Contract's requirements; and
(iii)
Permit DOC to determine the relative pricing offered by the proposers, and to
reasonably estimate the costs to DOC of entering into a Contract based on each
Proposal, considering information available to DOC and subject to the
understanding that the actual Contract costs may vary as a result of the
statement of work ultimately negotiated or the quantity of goods or services
for which DOC Contracts.
(d) The proposers' certification of
compliance with the Oregon tax laws in accordance with ORS
305.385.
(e) All contractual terms and conditions that
DOC determines are applicable to the procurement. DOC's determination of
contractual terms and conditions that are applicable to the procurement may
take into consideration, those contractual terms and conditions DOC will not
include in the Request for Proposal because DOC either will reserve them for
negotiation or will request proposers to offer or suggest those terms or
conditions.
(f) 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 scope 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.
(3) DOC may include the applicable
contractual terms and conditions in the form of Contract provisions, or legal
concepts to be included in the resulting Contract.
(4) For multiple award Contracts, DOC may
enter into Contracts with different terms and conditions with each Contractor
to the extent those terms and conditions do not materially conflict with the
applicable contractual terms and conditions.
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
