Oregon Administrative Rules
Chapter 291 - DEPARTMENT OF CORRECTIONS
Division 160 - DOC PROCUREMENTS FOR OPERATIONAL SUPPORT AND ADULT IN CUSTODY PROGRAMS
Section 291-160-0200 - Offer Evaluation and Award for Competitive Sealed Procurements
Universal Citation: OR Admin Rules 291-160-0200
Current through Register Vol. 63, No. 9, September 1, 2024
(1) DOC Evaluation. DOC shall accept and evaluate Offers using only the criterion as set forth in the Solicitation Document. DOC shall not evaluate Offers using any other requirement or criterion.
(2) Preferences.
(a) SDVOB Preference. When
awarding a Contract that does not exceed $150,000, DOC may give a preference
for a SDVOB.
(b) Oregon Goods and
Services.
(A) When procuring goods or
services, DOC may give a 5 percent preference for goods or services that are
either Produced or Processed, or both, Entirely in Oregon.
(B) Determining if goods are Produced or
Processed, or services are performed, Entirely in Oregon. In applying
subsection (2)(b) of this rule, DOC shall determine whether a procurement is
predominantly for goods or services and then use the predominant purpose to
determine if the goods are Produced or Processed, or the services are
performed, Entirely in Oregon. DOC may request, either in a Solicitation
Document, following Closing, or at any other time DOC determines is
appropriate, any information or documentation DOC may need to determine if the
goods are Produced or Processed, or services are performed, Entirely in Oregon.
DOC may use any reasonable criteria to determine if goods are Produced or
Processed, or services are performed, Entirely in Oregon, provided that the
criteria reasonably relate to that determination, and provided that the DOC
applies those criteria equally to each Offer.
(C) If DOC determines to give a preference
for Oregon goods and Oregon services DOC shall set forth in the Solicitation
Document the terms and conditions under which it will apply the
preference.
(c) Oregon
Offeror. When procuring goods, services, or both, DOC may give a 5 percent
preference for Oregon Offerors. DOC may request, either in a Solicitation
Document, following Closing, or at any other time DOC determines is
appropriate, any information or documentation DOC may need to determine if the
Offeror meets the definition of an Oregon Offeror. If DOC determines to give
preference for Oregon Offerors, DOC shall set forth in the Solicitation
Document the terms and conditions under which it will apply the
preference.
(d) Recycled Materials.
(A) When procuring goods, DOC may give
preference for Recycled Materials if:
(i) The
Recycled Product is available;
(ii)
The Recycled Product meets applicable standards;
(iii) The Recycled Product can be substituted
for a comparable nonrecycled product; and
(iv) The Recycled Product's costs do not
exceed the costs of nonrecycled products by more than five percent, or a higher
percentage if a Written determination is made by DOC.
(B) If DOC determines to give a preference
for Recycled Materials, DOC shall set forth in the Solicitation Document the
terms and conditions under which it will apply the preference.
(3) Award When Offers are Identical. If DOC determines that one or more Bids or Proposals are identical under OAR 291-160-0210, DOC shall award a Contract in accordance with the procedures set forth in OAR 291-160-0210.
(4) Clarification of Bids or Proposals. After Opening, DOC may conduct discussions with apparent Responsive Offerors for the purpose of clarification to assure full understanding of the Bids or Proposals. All Bids or Proposals, in the DOC's sole discretion, needing clarification must be accorded such an opportunity. DOC shall document clarification of any Bid or Proposal in the procurement file.
(5) Negotiations.
(a) Invitations to Bid. DOC shall not
negotiate with any bidder. After award of the Contract, DOC and Contractor may
only modify the Contract as set forth in the Solicitation Document.
(b) Requests for Proposals. DOC may conduct
discussions or negotiate with proposers only in accordance with Solicitation
Document. After award of the Contract, DOC and Contractor may only modify the
Contract in accordance with OAR291-160-0370.
(6) Award.
(a) General. If Awarded, DOC shall Award the
Contract to the Responsible bidder submitting the lowest, Responsive Bid or the
Responsible proposer submitting the most Advantageous, Responsive Proposal. DOC
may Award by item, groups of items or the entire Offer provided such Award is
consistent with the Solicitation Document and in DOC's interest as determined
by DOC.
(b) Multiple items. An
Invitation to Bid or Request for Proposals may call for pricing of multiple
items of similar or related type with Award based on individual line item,
group total of certain items, a "market basket" of items representative of
DOC's expected purchases, or grand total of all items.
(c) Multiple Awards - Bids.
(A) Notwithstanding subsection (6)(a) of this
rule, DOC may Award multiple Contracts under an Invitation to Bid in accordance
with the criteria set forth in the Invitation to Bid. Multiple Awards shall not
be made if a single Award will meet DOC's needs, including but not limited to
adequate availability, delivery, service, or product compatibility. A multiple
Award may be made if Award to two or more bidders of similar goods or services
is necessary for adequate availability, delivery, service or product
compatibility. Multiple Awards may not be made for the purpose of dividing the
procurement into multiple solicitations, or to allow for user preference
unrelated to utility or economy. A notice to prospective bidders that multiple
Contracts may be Awarded for any Invitation to Bid shall not preclude DOC from
Awarding a single Contract under such Invitation to Bid.
(B) If an Invitation to Bid permits the Award
of multiple Contracts, DOC shall specify in the Invitation to Bid the criteria
it will use to choose from the multiple Contracts when purchasing goods or
services.
(d) Multiple
Awards - Proposals.
(A) Notwithstanding
subsection (6)(a) of this rule, DOC may Award multiple Contracts under a
Request for Proposals in accordance with the criteria set forth in the Request
for Proposals. Multiple Awards shall not be made if a single Award will meet
the DOC's needs, including but not limited to adequate availability, delivery,
service or product compatibility. A multiple Award may be made if Award to two
or more proposers of similar goods or services is necessary for adequate
availability, delivery, service or product compatibility. Multiple Awards may
not be made for the purpose of dividing the procurement into multiple
solicitations, or to allow for user preference unrelated to obtaining the most
Advantageous Contract. A notice to prospective proposers that multiple
Contracts may be Awarded for any Request for Proposals shall not preclude DOC
from Awarding a single Contract for such Request for Proposals.
(B) If a Request for Proposals permits the
Award of multiple Contracts, DOC shall specify in the Request for Proposals the
criteria it will use to choose from the multiple Contracts when purchasing
goods or services, which may include consideration and evaluation of the
Contract terms and conditions agreed to by the Contractors.
(e) Partial Awards. If after
evaluation of Offers, DOC determines that an acceptable Offer has been received
for only parts of the requirements of the Solicitation Document:
(A) DOC may Award a Contract for the parts of
the Solicitation Document for which acceptable Offers have been
received;
(B) DOC may reject all
Offers and may issue a new Solicitation Document on the same or revised terms,
conditions and Specifications; or
(C) DOC may reject all Offers and cancel the
procurement in its entirety.
(f) All or none Offers. DOC may Award all or
none Offers if the evaluation shows an all or none Award to be the lowest cost
for Bids or the most Advantageous for Proposals of those submitted.
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
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