OAR 137-047-0330
Electronic Procurement


(1)

Electronic Procurement Authorized.

(a)

A Contracting Agency may conduct all phases of a Procurement, including without limitation the posting of Electronic Advertisements and the receipt of Electronic Offers, by electronic methods if and to the extent the Contracting Agency specifies in a Solicitation Document, a Request for Quotes, or any other Written instructions on how to participate in the Procurement.

(b)

The Contracting Agency shall open an Electronic Offer in accordance with electronic security measures in effect at the Contracting Agency at the time of its receipt of the Electronic Offer. Unless the Contracting Agency provides procedures for the secure receipt of Electronic Offers, the Person submitting the Electronic Offer assumes the risk of premature disclosure due to submission in unsealed form.

(c)

The Contracting Agency’s use of electronic Signatures shall be consistent with applicable statutes and rules. A Contracting Agency may limit the use of electronic methods of conducting a Procurement as Advantageous to the Contracting Agency.

(d)

If the Contracting Agency determines that Bid or Proposal security is or will be required, the Contracting Agency should not authorize Electronic Offers unless the Contracting Agency has another method for receipt of such security.

(2)

Rules Governing Electronic Procurements. The Contracting Agency shall conduct all portions of an electronic Procurement in accordance with these division 47 rules, unless otherwise set forth in this rule.

(3)

Preliminary Matters. As a condition of participation in an electronic Procurement the Contracting Agency may require potential Contractors to register with the Contracting Agency before the date and time on which the Contracting Agency will first accept Offers, to agree to the terms, conditions, or other requirements of a Solicitation Document, or to agree to terms and conditions governing the Procurement, such as procedures that the Contracting Agency may use to attribute, authenticate or verify the accuracy of an Electronic Offer, or the actions that constitute an electronic Signature.

(4)

Offer Process. A Contracting Agency may specify that Persons must submit an Electronic Offer by a particular date and time, or that Persons may submit multiple Electronic Offers during a period of time established in the Electronic Advertisement. When the Contracting Agency specifies that Persons may submit multiple Electronic Offers during a specified period of time, the Contracting Agency must designate a time and date on which Persons may begin to submit Electronic Offers, and a time and date after which Persons may no longer submit Electronic Offers. The date and time after which Persons may no longer submit Electronic Offers need not be specified by a particular date and time, but may be specified by a description of the conditions that, when they occur, will establish the date and time after which Persons may no longer submit Electronic Offers. When the Contracting Agency will accept Electronic Offers for a period of time, then at the designated date and time that the Contracting Agency will first receive Electronic Offers, the Contracting Agency must begin to accept real time Electronic Offers on the Contracting Agency’s Electronic Procurement System, and shall continue to accept Electronic Offers in accordance with section (5)(b) of this rule until the date and time specified by the Contracting Agency, after which the Contracting Agency will no longer accept Electronic Offers.

(5)

Receipt of Electronic Offers.

(a)

When a Contracting Agency conducts an electronic Procurement that provides that all Electronic Offers must be submitted by a particular date and time, the Contracting Agency shall receive the Electronic Offers in accordance with these division 47 rules.

(b)

When the Contracting Agency specifies that Persons may submit multiple Electronic Offers during a period of time, the Contracting Agency shall accept Electronic Offers, and Persons may submit Electronic Offers, in accordance with the following:

(A)

Following receipt of the first Electronic Offer after the day and time the Contracting Agency first receives Electronic Offers the Contracting Agency shall post on the Contracting Agency’s Electronic Procurement System, and updated on a real time basis, the lowest Electronic Offer price or the highest ranking Electronic Offer. At any time before the date and time after which the Contracting Agency will no longer receive Electronic Offers, a Person may revise its Electronic Offer, except that a Person may not lower its price unless that price is below the then lowest Electronic Offer.

(B)

A Person may not increase the price set forth in an Electronic Offer after the day and time that the Contracting Agency first accepts Electronic Offers.

(C)

A Person may withdraw an Electronic Offer only in compliance with these division 47 rules. If a Person withdraws an Electronic Offer, it may not later submit an Electronic Offer at a price higher than that set forth in the withdrawn Electronic Offer.

(6)

Failure of the E-Procurement System. In the event of a failure of the Contracting Agency’s Electronic Procurement System that interferes with the ability of Persons to submit Electronic Offers, protest or to otherwise participate in the Procurement, the Contracting Agency may cancel the Procurement in accordance with OAR 137-047-0660 (Cancellation of Procurement or Solicitation), or may extend the date and time for receipt of Electronic Offers by providing notice of the extension immediately after the Electronic Procurement System becomes available.

Source: Rule 137-047-0330 — Electronic Procurement, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=137-047-0330.

137‑047‑0000
Application
137‑047‑0100
Definitions
137‑047‑0250
Source Selection
137‑047‑0255
Competitive Sealed Bidding
137‑047‑0257
Multistep Sealed Bidding
137‑047‑0260
Competitive Sealed Proposals
137‑047‑0261
Multi-tiered and Multistep Proposals
137‑047‑0265
Small Procurements
137‑047‑0270
Intermediate Procurements
137‑047‑0275
Sole-source Procurements
137‑047‑0280
Emergency Procurements
137‑047‑0285
Special Procurements
137‑047‑0290
Cooperative Procurements
137‑047‑0300
Public Notice of Solicitation Documents
137‑047‑0310
Bids or Proposals are Offers
137‑047‑0320
Facsimile Bids and Proposals
137‑047‑0330
Electronic Procurement
137‑047‑0400
Offer Preparation
137‑047‑0410
Offer Submission
137‑047‑0420
Pre-Offer Conferences
137‑047‑0430
Addenda to Solicitation Document
137‑047‑0440
Pre-Closing Modification or Withdrawal of Offers
137‑047‑0450
Receipt, Opening, and Recording of Offers
137‑047‑0460
Late Offers, Late Withdrawals and Late Modifications
137‑047‑0470
Mistakes
137‑047‑0480
Time for Agency Acceptance
137‑047‑0490
Extension of Time for Acceptance of Offer
137‑047‑0500
Responsibility of Bidders and Proposers
137‑047‑0525
Qualified Products Lists
137‑047‑0550
Prequalification of Prospective Offerors
137‑047‑0560
Personal Services Contract to Provide Specifications — State Agency Disqualification as Bidder or Proposer
137‑047‑0575
Debarment of Prospective Offerors
137‑047‑0600
Offer Evaluation and Award
137‑047‑0610
Notice of Intent to Award
137‑047‑0620
Documentation of Award
137‑047‑0630
Availability of Award Decisions
137‑047‑0640
Rejection of an Offer
137‑047‑0650
Rejection of All Offers
137‑047‑0660
Cancellation of Procurement or Solicitation
137‑047‑0670
Disposition of Offers if Procurement or Solicitation Canceled
137‑047‑0700
Protests and Judicial Review of Special Procurements
137‑047‑0710
Protests and Judicial Review of Sole-Source Procurements
137‑047‑0720
Protests and Judicial Review of Multi-Tiered and Multistep Solicitations
137‑047‑0730
Protests and Judicial Review of Solicitations
137‑047‑0740
Protests and Judicial Review of Contract Award
137‑047‑0745
Protests and Judicial Review of Qualified Products List Decisions
137‑047‑0750
Judicial Review of Other Violations
137‑047‑0760
Review of Prequalification and Debarment Decisions
137‑047‑0800
Amendments to Contracts and Price Agreements
137‑047‑0810
Termination of Price Agreements
Last Updated

Jun. 8, 2021

Rule 137-047-0330’s source at or​.us