Or. Admin. Code § 731-146-0150

Current through Register Vol. 63, No. 12, December 1, 2024

Section 731-146-0150 - Electronic Procurement and Submittals

(1) The following terms have the meaning given below when capitalized in this Rule:

(a) "Electronic Advertisement" means the Solicitation Document, RFQ or other document inviting participation in the procurements made available electronically, including but not limited to, via:

(A) The World Wide Web;

(B) ORPIN or other electronic procurement system approved by the Chief Procurement Officer; or

(C) Electronic mail.

(b) "Electronic Offer" means a response to the Solicitation Document, RFQ or other document inviting participation submitted to ODOT via:

(A) The World Wide Web;

(B) ORPIN or other electronic procurement system approved by the Chief Procurement Officer; or

(C) Electronic mail.

(c) "Electronic Submittal" means an Electronic Offer or a response to an RFQ.

(d) "ORPIN" The Oregon Procurement Information Network, known as ORPIN, is an Internet-based, on-line system used by state agencies for procurement notices and advertisements, as functionality allows.

(2) Electronic Procurement and Submittals Authorized:

(a) ODOT may conduct all phases of a procurement under these Rules, including without limitation the posting of Electronic Advertisements and the receipt of Electronic Submittals, by electronic methods if and to the extent the Department specifies in a Solicitation Document or RFQ, or any other Written instructions on how to participate in the procurement;

(b) ODOT shall open Electronic Submittals in accordance with electronic security measures in effect at the time of its receipt of the Electronic Submittal. Unless ODOT provides procedures for the secure receipt of Electronic Submittal, the Person submitting the Electronic Submittal assumes the risk of premature disclosure due to submission in unsealed form;

(c) ODOT's use of electronic or digital Signatures shall be consistent with applicable statutes and rules.

(d) If ODOT determines that Bid or Proposal security is or will be required, ODOT shall not authorize Electronic Offers unless it has established methods for receipt of such security.

(3) Receipt of Electronic Submittals:

(a) If ODOT permits Electronic Submittals in the Solicitation Document or RFQ, the Offeror may submit Electronic Submittal in accordance with the Solicitation Document or RFQ. ODOT shall not consider Facsimile or Electronic Submittals unless authorized by the Solicitation Document or RFQ;

(b) When ODOT conducts an electronic procurement, all Electronic Submittals must be submitted by the particular date and time identified in the Solicitation Document or RFQ;

(c) A person may withdraw an Electronic Submittal at any time prior to the specified date and time in accordance with Solicitation Document or RFQ.

(4) Failure of the Electronic Procurement System. In the event of a failure of an Electronic Procurement System or electronic mail system that interferes with the ability of Persons to submit Electronic Submittals, to protest or to otherwise participate in the procurement, ODOT may cancel the procurement or may extend the date and time for receipt of Electronic Submittals by providing notice of the extension immediately after the Electronic Procurement System or electronic mail systems becomes available.

Or. Admin. Code § 731-146-0150

DOT 1-2019, adopt filed 02/21/2019, effective 2/21/2019; DOT 3-2020, amend filed 07/17/2020, effective 7/17/2020

Statutory/Other Authority: ORS 184.619, 279A.065(6)(a) & 279A.070

Statutes/Other Implemented: ORS 279A.050(3), 279A.065 & 279A.070