Current through Register Vol. 63, No. 12, December 1, 2024
(1) The following terms have the meaning
given below when capitalized in this Rule:
(a) "Electronic Advertisement" means the
Solicitation Document, RFQ or other document inviting participation in the
procurements made available electronically, including but not limited to, via:
(B) ORPIN or other electronic procurement
system approved by the Chief Procurement Officer; or
(b) "Electronic Offer" means a response to
the Solicitation Document, RFQ or other document inviting participation
submitted to ODOT via:
(B) ORPIN or other electronic
procurement system approved by the Chief Procurement Officer; or
(c) "Electronic Submittal" means an
Electronic Offer or a response to an RFQ.
(d) "ORPIN" The Oregon Procurement
Information Network, known as ORPIN, is an Internet-based, on-line system used
by state agencies for procurement notices and advertisements, as functionality
allows.
(2) Electronic
Procurement and Submittals Authorized:
(a)
ODOT may conduct all phases of a procurement under these Rules, including
without limitation the posting of Electronic Advertisements and the receipt of
Electronic Submittals, by electronic methods if and to the extent the
Department specifies in a Solicitation Document or RFQ, or any other Written
instructions on how to participate in the procurement;
(b) ODOT shall open Electronic Submittals in
accordance with electronic security measures in effect at the time of its
receipt of the Electronic Submittal. Unless ODOT provides procedures for the
secure receipt of Electronic Submittal, the Person submitting the Electronic
Submittal assumes the risk of premature disclosure due to submission in
unsealed form;
(c) ODOT's use of
electronic or digital Signatures shall be consistent with applicable statutes
and rules.
(d) If ODOT determines
that Bid or Proposal security is or will be required, ODOT shall not authorize
Electronic Offers unless it has established methods for receipt of such
security.
(3) Receipt of
Electronic Submittals:
(a) If ODOT permits
Electronic Submittals in the Solicitation Document or RFQ, the Offeror may
submit Electronic Submittal in accordance with the Solicitation Document or
RFQ. ODOT shall not consider Facsimile or Electronic Submittals unless
authorized by the Solicitation Document or RFQ;
(b) When ODOT conducts an electronic
procurement, all Electronic Submittals must be submitted by the particular date
and time identified in the Solicitation Document or RFQ;
(c) A person may withdraw an Electronic
Submittal at any time prior to the specified date and time in accordance with
Solicitation Document or RFQ.
(4) Failure of the Electronic Procurement
System. In the event of a failure of an Electronic Procurement System or
electronic mail system that interferes with the ability of Persons to submit
Electronic Submittals, to protest or to otherwise participate in the
procurement, ODOT may cancel the procurement or may extend the date and time
for receipt of Electronic Submittals by providing notice of the extension
immediately after the Electronic Procurement System or electronic mail systems
becomes available.
Statutory/Other Authority: ORS
184.619,
279A.065(6)(a)
& 279A.070
Statutes/Other Implemented: ORS
279A.050(3),
279A.065 & 279A.070
