Or. Admin. R. 137-049-0400

Current through Register Vol. 63, No. 6, June 1, 2024

Section 137-049-0400 - Documentation of Award; Availability of Award Decisions

(1) Basis of Award. After Award, the Contracting Agency shall make a record showing the basis for determining the successful Offeror part of the Contracting Agency's solicitation file.

(2) Contents of Award Record for Bids. The Contracting Agency's record shall include:

(a) All submitted Bids;

(b) Completed Bid tabulation sheet; and

(c) Written justification for any rejection of lower Bids.

(3) Contents of Award Record for Proposals. Where the use of Requests for Proposals is authorized as set forth in OAR 137-049-0650, the Contracting Agency's record shall include:

(a) All submitted Proposals.

(b) The completed evaluation of the Proposals;

(c) Written justification for any rejection of higher scoring Proposals or for failing to meet mandatory requirements of the Request for Proposal; and

(d) If the Contracting Agency permitted negotiations in accordance with OAR 137-049-0650, the Contracting Agency's completed evaluation of the initial Proposals and the Contracting Agency's completed evaluation of final Proposals.

(4) Contract Document. The Contracting Agency shall deliver a fully executed copy of the final Contract to the successful Offeror.

(5) Bid Tabulations and Award Summaries. Upon request of any Person the Contracting Agency shall provide tabulations of Awarded Bids or evaluation summaries of Proposals for a nominal charge which may be payable in advance. Requests must contain the Solicitation Document number and, if requested, be accompanied by a self-addressed, stamped envelope. Contracting Agencies may also provide tabulations of Bids and Proposals Awarded on designated Web sites or on the Contracting Agency's Electronic Procurement System.

(6) Availability of Solicitation Files. The Contracting Agency shall make completed solicitation files available for public review at the Contracting Agency.

(7) Copies from Solicitation Files. Any Person may obtain copies of material from solicitation files upon payment of a reasonable copying charge.

(8) Minority, Women Emerging Small Business. State Contracting Agencies shall provide timely notice of Contract Award to the Advocate for Minority, Women and Emerging Small Business if the estimated Contract Price exceeds $5,000. See ORS 200.035.

(9) Contents of Award Record for Small Procurements. When the award of a Public Improvement Contract is exempt from the competitive bidding process pursuant to ORS 279C.335(1)(c), the State Contracting Agency's record shall include the following information, when the contract price meets or exceeds the dollar threshold in ORS 279C.335(1)(c):

(a) Documentation of the actions taken by the State Contracting Agency to comply with ORS 200.035; and

(b) Documentation of the actions taken by the State Contracting Agency to invite qualified businesses or enterprises, that the Certification Office for Business Inclusion and Diversity certifies under ORS 200.055, to participate in the procurement.

Or. Admin. R. 137-049-0400

DOJ 11-2004, f. 9-1-04, cert. ef. 3-1-05; DOJ 20-2005, f. 12-27-05, cert. ef. 1-1-06; DOJ 15-2009, f. 12-1-09, cert. ef. 1-1-10; DOJ 27-2023, amend filed 12/27/2023, effective 1/2/2024

Statutory/Other Authority: ORS 279A.065

Statutes/Other Implemented: ORS 279C.335, ORS 279C.365 & ORS 279C.375