(5) Allow impartial and open competition, protecting both the integrity of the public contracting process and the competitive nature of public procurement. In public procurement, as set out in ORS chapter 279B, meaningful competition may be obtained by evaluation of performance factors and other aspects of service and product quality, as well as pricing, in arriving at best value.

(1) A bidder or proposer may protest the award of a public contract or a notice of intent to award a public contract, whichever occurs first, if:
(a) The bidder or proposer is adversely affected because the bidder or proposer would be eligible to be awarded the public contract in the event that the protest were successful; and
(b) The reason for the protest is that:
(A) All lower bids or higher ranked proposals are nonresponsive;
(B) The contracting agency has failed to conduct the evaluation of proposals in accordance with the criteria or processes described in the solicitation materials;
(C) The contracting agency has abused its discretion in rejecting the protestor’s bid or proposal as nonresponsive; or
(D) The contracting agency’s evaluation of bids or proposals or the contracting agency’s subsequent determination of award is otherwise in violation of this chapter or ORS chapter 279A.
(2) The bidder or proposer shall submit the protest to the contracting agency in writing and shall specify the grounds for the protest to be considered by the contracting agency.
(3) The rules adopted under ORS 279A.065 shall establish a reasonable time and manner for protests to be submitted.
The contracting agency may not consider late protests.
(4) The contracting agency shall consider and respond in writing to a protest in a timely manner. After the contracting agency issues the response, the bidder or proposer may seek judicial review in the manner provided in ORS 279B.415.

(148) “Responsive Bid” or “Responsive Proposal” is defined in ORS 279B.005 and means a Bid or Proposal that substantially complies with the Invitation to Bid or Request for Proposals, respectively, and all prescribed Procurement procedures and requirements.

(2) In order for a contracting agency to determine that a bidder or proposer is responsible, the bidder or proposer must demonstrate to the contracting agency that the bidder or proposer:
(a) Has available the appropriate financial, material, equipment, facility and personnel resources and expertise, or has the ability to obtain the resources and expertise, necessary to meet all contractual responsibilities.
(b) Completed previous contracts of a similar nature with a satisfactory record of performance. For purposes of this paragraph, a satisfactory record of performance means that to the extent that the costs associated with and time available to perform a previous contract remained within the bidder’s or proposer’s control, the bidder or proposer stayed within the time and budget allotted for the procurement and otherwise performed the contract in a satisfactory manner. The contracting agency shall document the bidder’s or proposer’s record of performance if the contracting agency finds under this paragraph that the bidder or proposer is not responsible.
(c) Has a satisfactory record of integrity. The contracting agency in evaluating the bidder’s or proposer’s record of integrity may consider, among other things, whether the bidder or proposer has previous criminal convictions for offenses related to obtaining or attempting to obtain a contract or subcontract or in connection with the bidder’s or proposer’s performance of a contract or subcontract. The contracting agency shall document the bidder’s or proposer’s record of integrity if the contracting agency finds under this paragraph that the bidder or proposer is not responsible.
(d) Is legally qualified to contract with the contracting agency.
(e) Complied with the tax laws of the state or a political subdivision of the state, including ORS 305.620 and ORS chapters 316, 317 and 318. The bidder or proposer shall demonstrate compliance by attesting to the bidder’s or proposer’s compliance in any way the contracting agency deems credible and convenient.
(f) Possesses an unexpired certificate that the Oregon Department of Administrative Services issued under ORS 279A.167 if the bidder or proposer employs 50 or more full-time workers and submitted a bid or proposal for a procurement with an estimated contract price that exceeds $500,000 in response to an advertisement or solicitation from a state contracting agency.
(g) Supplied all necessary information in connection with the inquiry concerning responsibility. If a bidder or proposer fails to promptly supply information concerning responsibility that the contracting agency requests, the contracting agency shall determine the bidder’s or proposer’s responsibility based on available information or may find that the bidder or proposer is not responsible.
(h) Was not debarred by the contracting agency under ORS 279B.130.

The procurement professional identifies the roles and potential members of the evaluation committee, which may include members of the procurement team. Depending on the nature and complexity of the solicitation, the procurement professional may establish a committee that includes both voting and non-voting members. The procurement professional serves as a facilitator and advisor and is not a voting member of the committee.
Responsibilities of evaluation committee members require that they:
– Read, sign and submit a conflict of interest form to the procurement professional.
– Read the RFP and all addenda.
– Rate each proposal independently.
– Keep rating confidential during individual scoring.
– Do not discuss proposals outside of evaluation committee meetings.
– Do not permit personal knowledge and bias towards a firm or product, and evaluate on material provided in, or directly related to, the proposal only.
– Score consistently and do not change evaluation standards across proposals.
– Are able to attend all meetings and demonstrations.
The criteria for evaluation committee membership may include representation by area of expertise, job function, relationship to the end user organization, or as stakeholder outside of the organization. A best practice is to include a minimum of three agency staff with sufficient qualifications in the procurement’s product or service.
Individuals within the private sector who have subject matter knowledge and expertise in the procurement may participate on an evaluation committee, with or without compensation and as non-voting advisors. A procurement professional should ensure private sector participants do not have a conflict of interest and agree to keep the evaluation and all information they view confidential.

(1) The Oregon Department of Administrative Services shall conduct all procurements and administer the contracting for goods, services and personal services, including architectural, engineering, photogrammetric mapping, transportation planning or land surveying services and related services, for state agencies unless a state agency is specifically authorized by ORS 279A.050 or provisions of law other than the Public Contracting Code to enter into a contract. The authority described in this subsection may be delegated in whole or in part in accordance with ORS 279A.075.
(2) The following requirements and procedures apply to all contracts of state agencies:….

(1) Generally. A Contracting Agency may procure Goods or Services by using multistep sealed bidding under ORS 279B.055(12).
(2) Phased Process. Multistep sealed bidding is a phased Procurement process that seeks information or unpriced submittals in the first phase combined with regular competitive sealed bidding, inviting Bidders who submitted technically eligible submittals in the first phase to submit competitive sealed price Bids in the second phase. The Contract must be Awarded to the lowest Responsible Bidder.
(3) Public Notice. When a Contracting Agency uses multistep sealed bidding, the Contract Agency shall give public notice for the first phase in accordance with OAR 137-047-0300. Public notice is not required for the second phase. However, a Contracting Agency shall give notice of the second phase to all Bidders, inform Bidders of the right to protest Addenda issued after the initial Closing under OAR 137-047-0430, and inform Bidders excluded from the second phase of the right, if any, to protest their exclusion under OAR 137-047-0720.
(4) Procedures Generally. In addition to the procedures set forth in OAR 137-047-0300 through 137-047-0490, a Contracting Agency shall employ the procedures set forth in this rule for multistep sealed bidding and in the Invitation to Bid.
(5) Procedure for Phase One of Multistep Sealed Bidding.
(a) Form. A Contracting Agency shall initiate multistep sealed bidding by issuing an Invitation to Bid in the form and manner required for competitive sealed Bids except as provided in this Rule. In addition to the requirements set forth OAR 137-047-0255(2), the multistep Invitation to Bid must state:
(A) That the solicitation is a multistep sealed Bid Procurement and describe the process the Contracting Agency will use to conduct the Procurement;
(B) That the Contracting Agency requests unpriced submittals and that the Contracting Agency will consider price Bids only in the second phase and only from those Bidders whose unpriced submittals are found eligible in the first phase;
(C) Whether Bidders must submit price Bids at the same time as unpriced submittals and, if so, that Bidders must submit the price Bids in a separate sealed envelope;
(D) The criteria to be used in the evaluation of unpriced submittals;
(b) Evaluation. The Contracting Agency shall evaluate unpriced submittals in accordance with the criteria set forth in the Invitation to Bid.
(6) Procedure for Phase Two of Multistep Sealed Bidding.
(a) After the completion of phase one, if the Contracting Agency does not cancel the Solicitation, the Contracting Agency shall invite each eligible Bidder to submit a price Bid.
(b) A Contracting Agency shall conduct phase two as any other competitive sealed Bid Procurement except:
(A) As specifically set forth in this rule or the Invitation to Bid;
(B) No public notice need be given of the invitation to submit price Bids because such notice was previously given.

(f) Unless otherwise specified in rules adopted under ORS 279A.065, the contracting agency shall give public notice at least seven days before the solicitation closing date.;
(4) Notice Time Periods.
(a) The Authorized Agency must give Official Notice of an Invitation to Bid at least fourteen (14) Days before the Closing.
(b) The Authorized Agency must give Official Notice of a Request for Proposals at least thirty (30) Days before the Closing.

(1) If the Authorized Agency desires to conduct a Reverse Auction as defined in OAR 125-247-0288, the Authorized Agency must follow the policy of the Department. The requirements of OAR 125-247-0288 apply to Reverse Auctions. In the event of conflict or ambiguity, the more specific requirements of OAR 125-247-0288 take precedence over the more general requirements of this Rule.
(2) Multiple Receipts of Offers during a Period of Time. When the Authorized Agency specifies that Persons may submit multiple Electronic Offers during a period of time, the Authorized Agency must 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 Authorized Agency first receives Electronic Offers, the Authorized Agency must give notice to the initial Bidders and update on a real time basis:
(A) The prices of the other Bidders or the price of the most competitive Bidder;
(B) The rank of each Bidder (e.g., (i) “winning” or “not winning” or (ii) “1st, 2nd, or higher”);
(C) The scores of the Bidders if the Authorized Agency chooses to use a scoring model that weighs non-price factors in addition to price; or
(D) Any combination of (A), (B) and (C) above. At any time before the date and time after which the Authorized 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 Authorized Agency first accepts Electronic Offers.
(c) A Person may withdraw an Electronic Offer only in compliance with these division 247 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.