OAR 125-249-0120
Definitions

The definitions for this Division 249 are found in OAR 125-246-0110 (Definitions), except the following Rule and definitions apply only to this division 249: Capitalized terms used in this division 249 of the Rules must have the meaning set forth below or within the Sections in which they appear (such as the Section on Alternative Contracting Methods beginning at OAR 125-249-0600 (Alternative Contracting Methods; Purpose), and if not defined there, then the meaning set forth in division 246 of the Rules, and if not defined there, then the meaning set forth in the Code at ORS 279A.010 (Definitions for Public Contracting Code) (general definitions) or 279C.330 (“Findings” defined) (for the term Findings).

(1)

“Competitive Range” means the number of Proposers with whom the Authorized Agency will conduct Discussions or Negotiations if the Authorized Agency intends to conduct Discussions or Negotiations in accordance with OAR 125-249-0390 (Offer Evaluation and Award; Determination of Responsibility). The size of the Competitive Range must be stated in the Solicitation Document, but will be decreased if the number of Proposers that submit Proposals is less than the specified number, or may be increased by the Authorized Agency in accordance with OAR 125-249-0390 (Offer Evaluation and Award; Determination of Responsibility).

(2)

“Conduct Disqualification” means a Disqualification according to ORS 279C.440 (Disqualification from consideration for award of contracts).

(3)

“Disqualification” means the preclusion of a Person from contracting with an Authorized Agency for a period of time in accordance with OAR 125-249-0370 (Disqualification of Persons). An Authorized Agency is authorized to disqualify a Person in accordance with OAR 125-249-0370 (Disqualification of Persons).

(4)

“Foreign Contractor” means a Contractor that is not domiciled in or registered to do business in the State of Oregon. See OAR 125-249-0490 (Foreign Contractor).

(5)

“Notice” means any of the alternative forms of public announcement of Procurements, as described OAR 125-249-0210 (Notice and Advertising Requirements; Posting).

(6)

“Responsible Offeror” (also, Responsible Bidder or Responsible Proposer, as applicable) means a Person that has submitted an Offer and meets the standards set forth in OAR 125-249-0390 (Offer Evaluation and Award; Determination of Responsibility)(2) and that has not been disqualified by the Authorized Agency under OAR 125-249-0370 (Disqualification of Persons). When used alone, “Responsible” means meeting the aforementioned standards.

(7)

“Responsive Offer” (also, Responsive Bid or Responsive Proposal, as applicable) means an Offer that substantially complies in all material respects with applicable Solicitation procedures and requirements and the Solicitation Document. When used alone, “Responsive” means having the characteristic of substantially complying in all material respects with applicable Solicitation procedure and requirements and the Solicitation Document.

Source: Rule 125-249-0120 — Definitions, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=125-249-0120.

125‑249‑0100
Application 125‑249‑0110
Policies 125‑249‑0120
Definitions 125‑249‑0130
Competitive Bidding Requirement 125‑249‑0140
Contracts for Construction Other Than Public Improvements 125‑249‑0145
Contracts for Oversight of Public Contracts 125‑249‑0150
Emergency Contracts 125‑249‑0160
Intermediate Procurements 125‑249‑0200
Solicitation Documents 125‑249‑0210
Notice and Advertising Requirements 125‑249‑0220
Prequalification of Offerors 125‑249‑0230
Eligibility to Bid or Propose 125‑249‑0240
Pre-Offer Conferences 125‑249‑0250
Addenda to Solicitation Documents 125‑249‑0260
Request for Clarification or Change 125‑249‑0270
Cancellation of Solicitation Document 125‑249‑0280
Offer Submissions 125‑249‑0290
Bid or Proposal Security 125‑249‑0300
Facsimile Bids and Proposals 125‑249‑0310
Electronic Procurement 125‑249‑0320
Pre-Closing Modification or Withdrawal of Offers 125‑249‑0330
Receipt, Opening and Recording of Offers 125‑249‑0340
Late Bids, Late Withdrawals and Late Modifications 125‑249‑0350
Mistakes 125‑249‑0360
First-Tier Subcontractors 125‑249‑0370
Disqualification of Persons 125‑249‑0380
Bid or Proposal Evaluation Criteria 125‑249‑0390
Offer Evaluation and Award 125‑249‑0395
Notice of Intent to Award 125‑249‑0400
Documentation of Award 125‑249‑0410
Time for Authorized Agency Acceptance 125‑249‑0420
Negotiation With Bidders Prohibited 125‑249‑0430
Negotiation when Bids Exceed Cost Estimate 125‑249‑0440
Rejection of Offers 125‑249‑0450
Protest of Contractor Selection, Contract Award 125‑249‑0460
Performance and Payment Security 125‑249‑0470
Substitute Contractor 125‑249‑0490
Foreign Contractor 125‑249‑0600
Alternative Contracting Methods 125‑249‑0610
Definitions for Alternative Contracting Methods 125‑249‑0620
Use of Alternative Contracting Methods 125‑249‑0630
Findings, Notice and Hearing 125‑249‑0640
Competitive Proposals 125‑249‑0645
Requests for Qualifications (RFQ) 125‑249‑0650
Requests for Proposals (RFP) 125‑249‑0660
RFP Pricing Mechanisms 125‑249‑0670
Design-Build Contracts 125‑249‑0680
Energy Savings Performance Contracts (ESPC) 125‑249‑0690
Construction Manager/General Contractor (CM/GC) 125‑249‑0800
Required Contract Clauses 125‑249‑0810
Waiver of Delay Damages Against Public Policy 125‑249‑0815
BOLI Public Works Bond 125‑249‑0820
Retainage 125‑249‑0830
Contractor Progress Payments 125‑249‑0840
Interest 125‑249‑0850
Final Inspection 125‑249‑0860
Public Works Contracts 125‑249‑0870
Specifications 125‑249‑0880
Records Maintenance 125‑249‑0890
Authorized Agency Payment for Unpaid Labor or Supplies 125‑249‑0900
Contract Suspension 125‑249‑0910
Changes to the Work and Contract Amendments
Last Updated

Jun. 24, 2021

Rule 125-249-0120’s source at or​.us