Current through Register Vol. 63, No. 12, December 1, 2024
(1)
Agency Authorization. ODOT may authorize Offerors to submit EDI Offers. If ODOT
determines that Bid security is or will be required, ODOT should not authorize
EDI Offers unless ODOT has a method for receipt of such security. Prior to
authorizing EDI Offers, ODOT must:
(a)
Establish administrative procedures and controls for receiving, identifying,
recording, and safeguarding EDI Offers, to ensure timely delivery of the Offers
to the Opening location and to preserve the sealed requirement of competitive
procurement;
(b) Determine whether
ODOT's procedures, controls, equipment and personnel are capable of receiving
the size and volume of anticipated EDI Offers within a short period of time;
and
(c) Make available to
interested vendors an EDI trading partner or operating agreement.
(2) EDI Operating Agreement. An
EDI Operating Agreement must address the basic legal issues required to
formalize an EDI relationship. The EDI Operating Agreement shall include the
following:
(a) Selection of EDI standards and
methods of communication;
(b)
Allocation of responsibilities for ensuring that the equipment, software and
services are operated and maintained effectively;
(c) Procedures for making system changes that
consider the impact on the parties' ability to communicate;
(d) Required security and authentication
procedures and services;
(e) The
method for establishing receipt of Offers and for evidencing the Offeror is
bound to its Offer;
(f) The need,
if any, for maintaining confidentiality;
(g) The allocation of liabilities for failure
to meet requirements under the EDI Operating Agreement;
(h) Methods for resolving any disputes under
the EDI Operating Agreement; and
(i) Document backup and replacement
procedures.
(3)
Provisions to be included in Solicitation. In addition to all other
requirements, if ODOT authorizes an EDI Offer, ODOT will include in the
Solicitation Document provisions substantially similar to the following:
(a) An EDI Offer, as used in this
solicitation, means an Offer, modification of an Offer, or withdrawal of an
Offer that is transmitted to and received by ODOT in accordance with the EDI
Operating Agreement between ODOT and Offeror.
(b) An Offeror may submit an EDI Offer in
response to this solicitation provided the Offeror has an effective EDI
Operating Agreement with ODOT. The EDI Offer must be received as specified in
the Solicitation Document.
(c) An
Offeror must Sign its EDI Offer in accordance with the EDI Operating Agreement
between ODOT and the Offeror.
(d)
ODOT reserves the right to award the Contract based solely on the EDI Offer.
Unless otherwise provided under the EDI Operating Agreement, the Offeror shall
promptly submit conformed Signed documents upon ODOT's request.
(e) Unless otherwise expressly agreed upon
under the EDI Operating Agreement, ODOT is not responsible for any failure
attributable to the transmission or receipt of the EDI Offer including, but not
limited to the following:
(A) Receipt of
garbled or incomplete documents.
(B) Availability or condition of the
receiving equipment.
(C)
Incompatibility between the sending and receiving equipment.
(D) Delay in transmission or receipt of
documents.
(E) Failure of the
Offeror to properly identify the Offer documents.
(F) Illegibility of Offer
documents.
(G) Security and
confidentiality of data.
Statutory/Other Authority: ORS 184.619, 279A.050 &
279A.065
Statutes/Other Implemented: ORS 279A.065 &
279C.365
