Or. Admin. Code § 137-049-0280 - Offer Submissions
(1)
Offer and Acceptance. The Bid or Proposal is the Bidder's or
Proposer's offer to enter into a Contract.
(a)
In competitive bidding and competitive Proposals, the Offer is always a "Firm
Offer," i.e., the Offer shall be held open by the Offeror for the Contracting
Agency's acceptance for the period specified in OAR 137-049-0410. The
Contracting Agency may elect to accept the Offer at any time during the
specified period, and the Contracting Agency's Award of the Contract to a
Bidder constitutes acceptance of the Offer and binds the Offeror to the
Contract.
(b) Notwithstanding the
fact that a competitive Proposal is a "Firm Offer" for the period specified in
OAR 137-049-0410, the Contracting Agency may elect to discuss or negotiate
certain contractual provisions, as identified in these rules or in the
Solicitation Document, with the Proposer. See 137-049-0650 on Requests for
Proposals and 137-049-0290 on Bid or Proposal Security. Where negotiation is
permitted by the rules or the Solicitation Document, Proposers are bound to an
obligation to negotiate in good faith and only on those terms that the rules or
the Solicitation Document has reserved for negotiation.
(2)
Responsive Offer. A
Contracting Agency may Award a Contract only to a Responsible Offeror with a
Responsive Offer.
(3)
Contingent Offers. Except to the extent that an Offeror is
authorized to propose certain terms and conditions pursuant to OAR
137-049-0650, an Offeror shall not make an Offer contingent upon the
Contracting Agency's acceptance of any terms or conditions (including
Specifications) other than those contained in the Solicitation
Document.
(4)
Offeror's
Acknowledgement. By signing and returning the Offer, the Offeror
acknowledges it has read and understands the terms and conditions contained in
the Solicitation Document and that it accepts and agrees to be bound by the
terms and conditions of the Solicitation Document. If the Request for Proposals
permits Proposal of alternative terms under OAR 137-049-0650, the Offeror's
Offer includes the nonnegotiable terms and conditions and any proposed terms
and conditions offered for negotiation upon and to the extent accepted by the
Contracting Agency in Writing.
(5)
Instructions. An Offeror shall submit and Sign its Offer in
accordance with the Solicitation Document. An Offeror shall initial and submit
any correction or erasure to its Offer prior to the Opening in accordance with
the requirements for submitting an Offer under the Solicitation
Document.
(6)
Forms.
An Offeror shall submit its Offer on the form(s) provided in the Solicitation
Document, unless an Offeror is otherwise instructed in the Solicitation
Document.
(7)
Documents. An Offeror shall provide the Contracting Agency with
all documents and Descriptive Literature required under the Solicitation
Document.
(8)
Facsimile or
Electronic Submissions. If the Contracting Agency permits facsimile or
electronic Offers in the Solicitation Document, the Offeror may submit
facsimile or electronic Offers in accordance with the Solicitation Document.
The Contracting Agency shall not consider facsimile or electronic Offers unless
authorized by the Solicitation Document.
(9)
Product Samples and Descriptive
Literature. A Contracting Agency may require Product Samples or
Descriptive Literature if it is necessary or desirable to evaluate the quality,
features or characteristics of the offered items. The Contracting Agency will
dispose of Product Samples, or return or make available for return Product
Samples to the Offeror in accordance with the Solicitation Document.
(10)
Identification of Offers.
(a) To ensure proper identification and
handling, Offers shall be submitted in a sealed envelope appropriately marked
or in the envelope provided by the Contracting Agency, whichever is applicable.
(b) The Contracting Agency is not
responsible for Offers submitted in any manner, format or to any delivery point
other than as required in the Solicitation Document.
(11)
Receipt of Offers. The
Offeror is responsible for ensuring that the Contracting Agency receives its
Offer at the required delivery point prior to the Closing, regardless of the
method used to submit or transmit the Offer.
Notes
Stat. Auth.: ORS 279A.065
Stats. Implemented: ORS 279C.365 & 279C.375
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