Print/Copy Mail Services Vice President FAIf you are entertaining the use of the formal procurement process for the first time, either as a mandatory requirement or an optional process, as defined in the UO Purchasing Rules, you should contact the Business Office Contracts Manager at (541) 346-3149 to arrange for a short formal training session. You will be provided with a "solicitation and selection" procedures manual and copies of the approved Invitation to Bid (ITB) and Request for Proposal (RFP) boilerplates you are requested to follow. A copy of the approved ITB and RFP boilerplates is available on disk.
As part of the training you will be instructed as to the timing of your solicitation process; what to do if you or a vendor finds an error in your ITB or RFP prior to bid or proposal closing; avoiding disasters in your actual selection process; rejections of bids or proposals; and how protests of the ITB or RFP, the selection process, or the selection itself are handled.
When do you have to go through the formal bid process?
Required if you will be involved with (a) purchase of goods, supplies, or services (excluding personal/professional services) as described in OAR 571-040-0200 through 0390, wherein the life value of the contract exceeds $50,000; or (b) the acquisition of personal/professional services as described in OAR 580-040-0100, wherein the life value of the contract exceeds $25,000; optional for contracts under those amounts.
What is the difference between an Invitation to Bid (ITB) and a Request for Proposal (RFP)?
An ITB addresses primarily dollar amount, i.e. lowest cost to UO or highest income for UO. ITB's are usually used when you know exactly what you want, and are looking only to how much it will cost.
RFP's address and award criteria points for numerous requirements in addition to dollar amount and best value. For example, points may be awarded for the contents of a sample design submitted by the proposer, proposer's experience with institutions of higher education, etc. This would be in addition to price and best value.
Do I have to accept a bid or proposal if I don't like any of them? What happens when I have two bids, but the one I want to accept is the higher dollar amount?
No, you do not have to accept any of the bids or proposals you receive. The rules allow us to reject any and all bids or proposals; however, there is certain criteria which must be met to support the contention that it is in the University's best interest to do so. Consult with the Business Office Contracts Manager before making the final determination.
If you have two bids, and would prefer to accept the higher dollar amount, you will need to determine if "best value" considerations make the higher bid the better offer.
Why is there a waiting period between the bid/proposal closing date and the date of award?
The Attorney General Model Rules has set the requirement for a protest period between the bid/proposal selection notification and the actual contract award. This rule actually benefits the University as well, as it provides us with an opportunity to settle the dispute before an adversely affected or aggrieved bidder/proposer seeks court action. Their recommendation is 14 business days; however, for expediency, the University has set the protest period between selection notification and contract award at 7 business days.
Is there any approval process requirement as to Invitation to Bid or Request for Proposal?
Yes. There are actually two.
1. The Business Office Contracts Manager is requesting review of all RFP's and Evaluation Sheets prior to any distribution. A review if ITB's and Evaluation Sheets is requested only where the ITB will result in a contract in excess of $50,000.
2. The Attorney General's office, pursuant to ORS 291.047, requires pre-approval prior to advertising on all ITB's and RFP's, as well as the proposed advertisement, which result in public contracts in excess of $100,000 or more, unless specifically exempted, or which involve solicitations for personal/professional services, architecture and engineering, information technology, data processing, office automation, or telecommunications which will result in contracts in excess of $75,000. See the link under Policy entitled CONTRACTS - SPECIAL HOUSE BILL 2321 REQUIREMENTS for exceptions to this requirement.
Can anyone view the bids or proposals after they have been opened?
After the bids or proposals have been opened, which is not to occur before the posted bid or proposal closing date and time, they become public record and are therefore open to the public. HOWEVER, "trade secrets" are not public record, and must be protected. Also, negative references which are marked "confidential," or are inferred or requested to be held confidential, may or may not be public record, and their status should be checked with the Business Affairs Contracts Manager before you subject them to inspection by anyone outside of the Selection Committee, including the vendor for whom the reference was made.
CONFLICT OF INTEREST. An Evaluator's Conflict of Interest Statement has been developed. This form must be completed and signed by each member of the formal solicitation (ITB/RFP) committee. . Please note the "Note to Departments" preceding the actual form.
These procedures and tips are not intended to take the place of a workshop, which all staff involved with formal solicitations and general contracting are expected to attend. They are intended to supplement the information disseminated in the workshop, however. If pertinent departmental staff have not attended the workshop, the Business Office Contracts Manager should be contacted. As hard copy revisions will no longer be distributed, it will be the responsibility of departmental personnel to check the Web site to ensure the most current procedures are followed, and the most current forms are used.
Whether you use an ITB or an RFP, the intent of each is to 'foster competition and not encourage favoritism". The bidding process is a professional business relationship that is legally binding; not a friendly transaction. The bidding process begins with the gathering of technical information that will be used to identify needs, and write your specifications and requirements. Bids and proposals are "offers".
The end result is a contract for goods and/or services.
A. INFORMATION/RESOURCE CONTACT REFERENCES
1. "Director of Business Affairs Office" = Kelly B. Wolf
2. "Business Office Contracts Manager" =
3. "Purchasing and Contracting Services" = Deanne Lahaie-Noll
B. SPECIAL PRE-APPROVAL REQUIREMENTS (PRIOR TO ADVERTISEMENT AND SOLICITATION)
1. Requests for attorney, audit services, or financial and bond counsel services require pre-approval from the offices of the Attorney General, Secretary of State, or State Treasurer Debt Management Division, respectively, even before an advertisement is placed. Your request for the above services should be sent for pre-approval via the Business Office Contracts Manager.
2. "Interstate" agreements (with other state governments or political subdivisions thereof) and "international" agreements (agreements with other nations or their political subdivision equivalent, or international governmental organizations) require pre-approval from the Attorney General. Your request for the above services should be sent for pre-approval via the Business Office Contracts Manager.
3. The Attorney General's office is requiring their pre-approval of Invitations to Bid and Requests for Proposals, as well as the proposed advertisement, which will result in contracts whose "life" value exceeds $100,000, unless specifically exempted. This pre-approval also applies to personal service contracts, architectural, engineering and "public works" (construction) contracts, information technology contracts (hardware, software, data processing services, office automation services, and telecommunication services), and athletic media/broadcast rights contracts whose "life" value exceeds $75,000, unless specifically exempted. In light of the above requirement, review by the Business Office Contracts Manager prior to advertising and solicitation is requested on the following:
a. Invitations to Bid wherein the contract award will exceed $50,000, also review of the proposed selection committee evaluation sheets.
b. ALL Requests for Proposals, as well as the proposed selection committee evaluation sheets.
C. SPECIAL CONSIDERATIONS, UNIQUE SITUATIONS, AND MISCELLANY
The following would not apply to all contracts, but if the contract involves a service or goods/services from which other OUS institutions might benefit, the following paragraph should be added to Section IV (of either the ITB or RFP form):
Any other Oregon University System institution(s) or the University of Oregon Foundation may be added to the contract by an amendment signed by the parties to the contract and an authorized official of the additional institution(s) or the University of Oregon Foundation. All rights, duties and obligations stated in the original contract shall apply equally to any institution(s), or the University of Oregon Foundation, so added. We would still have our contract with the vendor, but Oregon State or other OUS institution could enter into a separate contract receiving the same terms, price, etc., without having to go through the advertising, solicitation, selection process. This addition(s) would be accomplished by an Amendment, and would in no way affect our contract with the vendor. This could also be done to provide for inclusion of other state agencies, by adding reference to "state agencies" to the above language.
2. Agreements with Oregon cities, counties, or other Oregon state agencies do not require solicitation, and do not result in a PSC. They become "Interagency" or "Intergovernmental" agreements. Those with other Oregon state agencies, and most Oregon political subdivisions, are without indemnification or insurance clauses as well.
EXCEPTION would be if an "outside THIRD party" is also a party (signer) to the contract.
3. Liquidated damages. These must be a "true estimate of loss". They cannot be used as a penalty". Example: "One hundred (100) beds and mattresses per specifications for a new residence hall must be in place no later than August 10, 1997. For each pair of beds and mattresses not in place by the aforementioned date, Institution expects to have to provide alternate lodging for affected students. Since actual damages would be very difficult to determine, the parties agree that Contractor shall pay Institution the then prevailing rate for a 2-bed room at the Motel 6, Eugene, Oregon, for each day of Contractor's delay in delivering the beds and mattresses."
OR
"One hundred (100).............the parties agree that Contractor shall pay Institution $42.00 per room per day as liquidated damages for each day of Contractor's delay in delivering the beds and mattresses."
4. The Higher Ed Efficiency Act (quite often cross referenced to Senate Bill 271 of 1995) has exempted us from the "reciprocal preference" law (wherein whenever we were penalized by another state, we could penalize them that percent also). If "reciprocal preference" would benefit the University, you may provide for it; however, special language must be included in the ITB or RFP.
5. The Higher Ed Efficiency Act has exempted us from complying with ORS 279.315, requiring every contract to contain a condition that the contractor shall provide health care benefits to all employees performing services under the contract which were previously performed under the contract by public employees. In other words, contracts involving services previously provided (within the last year) by agency staff.
6. Public records law does not include "trade secrets", i.e., we do not have to release any "trade secrets" from one proposer/bidder to another, or to the public in general. However, if a vendor sends an ITB or REP indicating the entire response is "proprietary" (trade secret), we need to immediately send the vendor a notice that they cannot exempt the entire response. They will need to mark specific pages or text, or we will have to "reject" their entire proposal/bid. If you are unsure, contact the Business Office Contracts Manager.
7. If you plan to require a "performance bond" in lieu of, or in addition to insurance, the following clause needs to be added to the ITB/RFP Upon execution of this contract, the Contractor is required to furnish a performance bond in the amount of $ executed in the name of the Oregon State Board of Higher Education, to insure faithful contract performance. If it is in lieu of insurance, then contact the Business Office Contracts Manager to obtain a special copy of the "Standard Contractual Requirements - Solicitation Attachment".
8. Retainer agreements are generally meant for public works/construction contracts. To accomplish the same intent, we can include a special "progress payment" clause in the ITB/RFP/Contract. One could also be included in the PSC or P.O. If you wanted some idea of competitive pricing, prior to commencing the ITB/RFP process, we could issue a Request for Information (REI).
The following, in sequential order, when combined with the "Instructional Guidelines copy of the ITB/RFP should simplify your solicitation/selection process. A copy of the ITB and RFP on disk can also be obtained by contacting the Business Office Contracts Manager; however, it should be noted that the "Standard Contractual Requirements - Solicitation Attachment" and the "Evaluators Conflict of Interest Statement," if not attainable for photocopying from the Web site, will need to be acquired from the Business Office Contracts Manager.
A. PUBLIC NOTICE OF SOLICITATION/ADVERTISING
1. Refer to the UO Purchasing Rules as to requirements on informal and formal solicitations.
2. When required by the UO Purchasing Rules, run one day (Sunday reaches more readers) in the legal section of the Register Guard, the Oregonian or Daily Journal of Commerce in Portland, and if applicable, in a "trade" paper. You may also want to place it on the Vendor Information Program (VIP) which can be accomplished through Purchasing and Contracting Services.
3. If you do need to run a newspaper or trade paper advertisement, you may contact the Business Office Contracts Manager for assistance as to language and publications. A sample advertisement is included in this Web site.
4. If you are holding a "mandatory" pre-bid/pre-proposal meeting, the ad must state the meeting is "mandatory," and show the time (including PST or PDT), date, place (street address and room number) of the meeting.
5. Although this situation may not involve ITB's or RFP's, if you believe you have a sole source situation which would otherwise require formal solicitation per UO Purchasing Rules, you should check with Purchasing and Contracting Services before you actually enter into the contract. You may need to publish a "Notice of Intent" (to contract with XXX Company). A sample "Notice" is included in this Web site. If required, the ad should identify UO, the basic goods/service required, who to contact for either more information or a copy of the ITB/RFP, and should indicate the closing time (including PST or PDT) day and date. If you receive any requests or interest as to bidding/proposing, you should have an ITB or RFP prepared to deliver.
6. See also special note regarding advertising under the section entitled PROTESTS OF BID/PROPOSAL REQUIREMENTS OR CONTRACTUAL REQUIREMENTS OF THE ITB/ RFP.
7. Recommended minimum time between date of advertisement and closing is three (3) weeks.
On those contracts whose "life" value is $5,000 or more, at the time you advertise or distribute your Invitation to Bid or Request for Proposal, you must notify the Advocate for Minority, Women, and Emerging Small Business in Salem. You can obtain the transmittal form by contacting Purchasing and Contracting Services. You may also make use of the Vendor Inquiry Program (VIP) which can be accessed by vendors. Contact Purchasing and Contracting Services for instructions.
C. BID OR PROPOSAL PREPARATION
An officially approved boilerplate (template) is available for both an Invitation to Bid (ITB) and Request for Proposal (REP) from the Business Office Contracts Manager. That office can provide assistance, as well as a disk (WP 5.1) of either or both forms.
1. WHEN TO USE AN ITB.
a. The project has critical services and or technical requirements which can be defined by you.
b. Primarily only price is the determining factor.
2. WHEN TO USE AN RFP.
a. Price is not the only element that requires evaluation and consideration.
b. When it is solution-based versus price alone, or when the award will be made primarily on the basis of vendor's qualifications or product feature, rather than primarily on price and best value.
c. Multiple solutions/technology.
d. Savings by innovation (solution).
e. Request for Information indicators.
f. Always, if it results in a PSC, since PSC's are never based on price.
3. WRITING AN RFP OR ITB.
a. Define your needs. Define the minimum quality/quantity performance requirements that are acceptable, i.e., (Bad example.) "Bidder/proposer must have a local office within a 30-mile radius of UO." (Good example.) "Bidder/proposer must provide evidence in proposal of ability to respond to service calls within two (2) hours of initial call."
b. Contractual "mandatories" are contained within the ITB/RFP boilerplate, including the "Standard Contractual Requirements - Solicitation Attachment" (2-sided attachment sheet, "Attachment").
c. Technical "mandatories," which are provided by you, should be "measurable," and should be written in such a way that the bidder/proposer can determine what the minimum acceptable limits are. Remember, usually all "mandatories" are a matter of "pass or fail". This will be addressed later in this document. If a bidder/proposer does not fully comply as to the "mandatories," the bid is "rejected". If it isn't really a "mandatory" for which you would want to reject a bid/proposal, then make it a "desirable".
d. Technical "desirables" These are features, services, products, etc. that exceed the minimum requirements (mandatory requirements); things you would like to have if the bidder/proposer can provide them and you can afford them, i.e., "Up to XX points will be awarded if the proposer demonstrates in written proposal that the proposed system supports more than 250 active users," or "a larger real memory size is desirable in the initially installed system. 1024 megabytes real memory or more gets points: The proposer with the highest MB (1024 or more) gets all points; second highest MB (1024 or over) gets a proportion of the points."
(Good example.)
e. When writing your RFP, do not simply list each criteria's points, but try to provide a breakdown as to how each point system is arrived at., i.e., don't just list 10 points for experience, but break that down as to I point for...., 3 points for etc. Also, remember that an RFP is not primarily one of "price consideration". If for some reason you do not wish to include a breakdown as to criteria points in your actual Invitation to Bid or Request for Proposal (Section III of either form), then you must do so on your evaluation sheets. It is imperative that should an award protest occur, the protesting vendor can see exactly how and where points were allocated, and that the basis for that award was established PRIOR to the selection process.
This is one of the reasons the Business Office Contracts Manager opportunity to review all RFP's and the proposed evaluation sheets prior to any advertising or solicitations, especially in light of the fact that the Attorney General's office has required pre-approval of certain ITB's and RFP's as set forth in the Section B.3. of the previous section.
f. Involve other departments or individuals in writing your ITB or RFP who can provide input or who have programs or services which interface with your needs. If you will be entering into a contract over an extended period of time, and the product or service is in an industry wherein pricing fluctuates frequently, it is recommended that you add the following to Section IV of the ITB or RFP: If during the term of the contract, Contractor enters into a contract for the same goods or services with a third party on terms that are more advantageous, Contractor shall make the more advantageous terms available to Institution.
4. DO NOT:
- Give one or some bidders/proposer's additional or advance information.
- Let vendors write your agency's specifications.
- Let bidders/proposer's conduct your agency's technical evaluation.
- Let bidders/proposer's change their prices after closing date and time. If prices in a summary equal one amount and the total equals another, OAR 137-30-075(2)(B) states, "For discrepancies between unit prices and extended prices, unit prices shall prevail". Contact the Business Office Contracts Manager if you have any questions.
- Tell bidders/proposer's the competitors' offerings before the closing date and time.
- Negotiate price and terms with bidders/proposer's.
- Verbally state displeasure with a bidder/proposer.
- Verbally state displeasure with a product.
- Use "disqualify" as a term for "rejecting" a bid or proposal.
- Use "is capable of..." unless it's qualified by "in the proposed system cost" (or otherwise itemized in the cost proposal). You don't want to award based on a feature that the system is capable of, but which the proposed system doesn't currently have. This would be speculative as to availability and cost.
- Use "mandatories" to "flush out" questionable requirements.
5. DO:
- If cost is a concern due to departmental funds budgeted or allocated to finance the particular contract, be sure to specify in your ITB/RFP that bids/proposals "shall not exceed $ _________
- Use terms "responsive, "responsible, "non-responsive" "non-responsible".
- Use "shall" and "must" instead of "will" (when writing your "mandatories").
- Use "should" or "can" (when writing your "desirables").
- Write good general specifications.
- Include all product and contractor requirements in the bid/proposal documents.
- Clearly state the method of award and do not change it after bid/proposal closing.
- All changes to the bid/proposal document or material clarification during the bidding period, are to be made by written "Addendum".
- Remember, contractors are not required to provide goods or services that have not been disclosed in the ITB/RFP.
- Remember to attach the "Standard Contractual Requirements - Solicitation Attachment" behind the Bid Statement/Proposal Statement.
6. FACSIMILE BIDS/PROPOSALS.
a. Can be accepted if no deposit required; however, departments are discouraged from accepting facsimile bids/proposals. If you choose to accept facsimile bids/proposals:
- ITB/RFP must state that facsimile bids/proposals will be accepted.
- ITB/RFP must state, "Institution will not be responsible for any failure attributable to the transmission or receipt of a facsimile bid/proposal, including, but not limited to (i) receipt of garbled or incomplete bid or proposal documents; (ii) availability or condition of the receiving facsimile equipment; (iii) incompatibility between the sending and receiving equipment; (iv) delay in transmission or receipt of bid or proposal documents; (v) failure of the bidder or proposer to properly identify the bid or proposal documents; (vi) illegibility of bid or proposal documents; and (vii) security and confidentiality of bid or proposal data."
- If your facsimile uses "thermal" facsimile paper, you will be required to make a photocopy, and staple the photocopy to the thermal copy for archival purposes.
b. Facsimile bids or proposals must be received in the "Issuing Office" by the date and time set forth for closing. They are treated the same as and subject to the same rules as hard copy bids/proposals.
c. Must be "responsive" and must be accompanied by the completed, signed, and dated Bid or Proposal Statement, and any other documentation you requested.
d. Considerations. (i) Can you handle facsimile bids/proposals without loss or non-receipt due to over-crowded lines, equipment failure, or lack of staff? (ii) Do you have means to seal and secure bid/proposal until closing date? (iii) Will you be able to verify authenticity of bids/proposals?
7. ELECTRONIC DATA INTERCHANGE (EDI) BIDS/PROPOSALS.
a. Can be accepted if no deposit required, but are not recommended at this time due to the vulnerability associated with transmission.
b. If you do choose to accept EDI bids/proposals, the ITB/RFP must state that EDI bids/proposal will be accepted; however, you must first contact the Business Office Contracts Manager for special instructions.
8. It is recommended that if an RFP will result in a Personal/Professional Service Agreement (PSC), that you attach the PSC "Certification Statement for Corporation or Independent Contractor" Exhibit C form behind the "Proposal Statement," and in front of the "Solicitation Attachment". A copy of that form may be obtained from Purchasing and Contracting Services. We had a situation wherein someone issued an RFP, and awarded a PSC. When the PSC and accompanying forms came back, it was discovered that by definition of "independent contractor" for PSC purposes, the contractor did not qualify, and thus a PSC was the incorrect form. The department had no way of knowing this in advance. By having the vendor complete and return the "certification" form with the RFP, if it is not applicable, nothing is lost. If it is applicable, you know using a PSC is correct, and you will already have the form on file.
9. Contract term (length). When contract term preference is more than one year, it is recommended that you write the ITB/RFP (for example) for one year, with provision for 4 one-year extensions, etc., rather than write it for an initial 5-year period.
D. PRE-BID OR PRE-PROPOSAL MEETING
The choice to hold a meeting is yours, although it is strongly recommended for highly technical projects or high-dollar contracts. The meeting can be optional or "mandatory".
2. There are two benefits to holding the meeting: (a) You and all vendors can be assured everyone is receiving the same information; and (b) an exchange may take place during the meeting which could benefit the UO. If the "benefit" would require changes in our request, then you would need to do an Addendum to the ITB or RFP and distribute to all bidders/proposer's. CAUTION: Be very careful in your assessment of comments at the meeting. Do NOT let a vendor "write" your requirements for you, nor should you let a vendor dictate requirements which would benefit their purpose only.
3. Pre-bid/pre-proposal meeting suggestions:
a. Have a "sign-up" sheet, not only for your reference, but as part of your selection/solicitation documentation backup. Also, remember, that if you have made the pre-bid/pre-proposal meeting "mandatory," by a vendor not appearing, you can reject their bid/proposal.
b. Have "site" visits, if applicable.
c. Have some form of record, preferably audio NOT video. Check equipment before proceeding.
d. Provide clarification to all requests on the spot. If you need to research, let participants know that everyone will receive a copy of the clarification.
e. REMEMBER - and this goes for everything relative to the bid/proposal, "EVERYTHING, notes included, are a part of the public record - so be extremely careful on notes, comments, and even "doodles".
f. IF you receive a protest to the solicitation document (ITB or RFP) as a result of the pre-bid/pre-proposal meeting, or prior to the ITB/RFP closing date, contact the Business Office Contracts Manager immediately. It may be necessary to prepare an Addendum. If pertinent, the closing date could be extended at the same time. (NOTE: Late protests of specifications or requirements (past the protest time allotted in Section II of the ITB or RFP) do NOT have to be considered, UNLESS it would be to OUR benefit.)
4. If you make the meeting "mandatory," the ITB or RFP must state that it is mandatory. Making a meeting mandatory makes it a condition of the bidding or proposing process, i.e., if vendor does not attend, they relinquish the right to submit a bid or proposal. You will also need to state the meeting is "mandatory" in your advertisement, setting forth date, time, place of meeting (street address and room number), along with how to obtain a copy of ITB/RFP and who to contact for additional information.
5. Departments, of course, have the option to NOT hold a pre-bid or pre-proposal meeting, whether optional or mandatory, and if this is your choice, make sure you delete all reference in the ITB or RFP. CANCELLATION OF ITB/RFP prior to bid/proposal closing date). Contact the Business Office Contracts Manager first to ensure correct timing and procedures are followed. If pursued:
1. All bids/proposals are returned Un-opened. If there is no return address on the envelope, it will be necessary for you to open the envelope in order to identify the sender.
2. Letter of transmittal shall include:
a. Identification of the ITB/RFP by name or number.
b. Explanation of the reason for the cancellation.
c. If applicable, advise bidders/proposer's that an opportunity will be given to compete on any re-solicitations.
Receipt of Bids or Proposals
1. Each bid or proposal, and any modifications, shall, upon receipt, be electronically, mechanically, or marked by hand, as to date and time of receipt.
2. It is imperative that the bids or proposals be secured, unopened, until the exact "closing" date and time.
3. If bids, proposals, or modifications are inadvertently opened prior to the closing date and time because they were improperly identified by the bidder/proposer, the opened bid, proposal, or modification documents shall be resealed and stored for opening at the correct date and time. If this should occur, documentation of the resealing shall be placed in the departmental solicitation/selection file.
E. CANCELLATION OF ITB/RFP (prior to bid/proposal closing date)
Contact the Business Office Contracts Manager first to ensure correct timing and procedures are followed. If pursued:
1. All bids/proposals are returned Un-opened. If there is no return address on the envelope, it will be necessary for you to open the envelope in order to identify the sender.
2. Letter of transmittal shall include:
a. Identification of the ITB/RFP by name or number.
b. Explanation of the reason for the cancellation.
c. If applicable, advise bidders/proposer's that an opportunity will be given to compete on any re-solicitations.
F. RECEIPT OF BIDS OR PROPOSALS
1. Each bid or proposal, and any modifications, shall, upon receipt, be electronically, mechanically, or marked by hand, as to date and time of receipt.
2. It is imperative that the bids or proposals be secured, unopened, until the exact "closing" date and time.
3. If bids, proposals, or modifications are inadvertently opened prior to the closing date and time because they were improperly identified by the bidder/proposer, the opened bid, proposal, or modification documents shall be resealed and stored for opening at the correct date and time. If this should occur, documentation of the resealing shall be placed in the departmental solicitation/selection file.
G. PROTESTS OF BID/PROPOSAL REQUIREMENTS OR CONTRACTUAL REQUIREMENTS OF THE ITB/RFP
Protests to the ITB/RFP must be filed by the vendor no later than ten (10) business days prior to bid/proposal closing date as indicated in Section II of the ITB/RFP. If departments are on a tight schedule, the paragraph may be amended to read five (5) business days. The recommended MINIMUM number of days between the date of advertisement and closing is a minimum of 3 weeks and preferably more, to allow vendors out of the immediate area time to obtain a copy of the ITB/RFP, ingest the requirements, and file their "written" protest before the 10 (or 5) days "prior to closing" date lapses. Protests are handled as follows.
1. If the department finds the protest of the ITB/RFP technical information to not be valid, the department should contact the Business Office Contracts Manager for confirmation. If confirmed by that office, the department must advise the protesting bidder/proposer by phone (if ITB/RFP closing date is eminent), but follow up in writing.
2. If the department finds the protest of the ITB/RFP technical information to be valid, contact the Business Office Contracts Manager immediately for review. If a correction/change is required, the Business Office Contracts Manager will assist in the preparation of an Addendum to be provided to each potential bidder/proposer with a copy of the Addendum. An extension of the closing date can be accomplished at the same time, if necessary, and the transmittal letter should advise them of the extension. If the change is substantive, the department, with the assistance of the Business Office Contracts Manager, will be required to re-advertise, advising the public that the project is being reopened due to substantive changes in the original ITB/RFP. All other information can follow the original advertisement format, with the exception of the new closing date, if applicable. New responders would then be provided with both the original ITB/RFP and the Addendum.
3. All protests of ITB/RFP contractual language or non-technical provisions should be referred immediately upon receipt to the Business Office Contracts Manager. If deemed necessary, an Addendum to the ITB/RFP will be prepared.
1. Bidders/proposals may modify their bids/proposals, following the directions set forth in the ITB/RFP. These modifications must be received prior to the closing date set forth in the ITB/RFP. Date stamp the envelope immediately upon receipt.
2. All documents relating to the modification of bids or proposals shall be made a part of your departmental file as to that particular bid/proposal record.
3. If you have any questions regarding modifications received, contact the Business Office Contracts Manager for assistance.
In addition to addressing valid protests (see section entitled PROTESTS OF BID/PROPOSAL REQUIREMENTS OR CONTRACTUAL REQUIREMENTS OF THE ITB/RFP), if you feel you otherwise need to revise an ITB/RFP already issued, or need to extend the closing date, contact the Business Office Contracts Manager for assistance. Changes/amendment to ITB/RFP can be made right up to the closing date, and if necessary, by way of Addendum, you can also extend the closing date.
1. Bid withdrawals must be made pursuant to the instructions contained in the ITB/RFP, and must be made prior to the closing date and time. Date stamp the envelope immediately upon receipt.
2. Unopened bids or proposals withdrawn may be released to the bidder or proposer after you void any date and time stamp used (when you received the bid/proposal).
3. All documents relating to withdrawal of bids or proposals shall me made a part of your departmental file on the particular bid/proposal solicitation/selection record.
K. BIDDER/ PROPOSER DISQUALIFICATION
1. "Disqualifications" are STRONGLY DISCOURAGED due to the extensive delay you may experience as a result of a very formal and sometimes lengthy appeal process. It is recommended that you wait until bid/proposal opening and then "reject" the bid/proposal (in most cases that will be because the bidder/proposer is found to be non- responsible). The appeal process for "disqualifications" is very formal ("Contested Case Hearing"), more time-consuming (you may have to wait a month or better for the hearing to take place and a finding issued before you can make your award), and the likelihood of a further court appeal is much higher.
2. If you are considering "disqualifying" a bidder/proposer, you must first obtain clearance from Purchasing and Contracting Services.
3. "Disqualifications" are usually done prior to bid/proposal opening. Upon receipt, the "disqualified" bidder/proposer's bid or proposal is returned by certified mail, unopened, with a letter of explanation. The transmittal must state:
a. The effective date of the disqualification and the effective period of disqualification.
b. The grounds for disqualification from bidding or proposing.
c. A statement of the bidder/proposer's appeal rights and applicable appeal deadlines, i.e., "Bidder/proposer must notify Institution, in writing, within three (3) business days after receipt of the notification". You would retain a copy of your letter and a photocopy of the unopened envelope for your departmental record. If you were unable to identify a bidder/proposer from the envelope, and therefore disqualification occurred after bid/proposal closing, you would proceed the same, except, in addition, you would need to make a record notation as to why the envelope was opened.
4. BEFORE you "disqualify" a bidder/proposer, you might want to consider: "Bids and proposals shall be valid and binding offers for 60 days unless otherwise specified in the solicitation documents." The 60 days is a good indicator; however, if you choose to "disqualify," and the bidder/proposer appeals, we would then be required to go through the required administrative hearing process, this could mean you would not be able to award until AFTER that 60 days. The bottom line to this scenario would be, you will probably have to start all over and re-bid!
5. If you do proceed with a "disqualification," and the bidder/proposer appeals, you must contact the Business Office Contracts Manager immediately so arrangements for a "contested cases" hearing can be made.
1. No bid/proposal should be opened prior to the "closing" date and time set forth in the ITB/RFP, and must be opened at the "Issuing Office" as set forth in the ITB/RFP. Unless otherwise specified in the ITB/RFP, vendors must be allowed to attend the opening.
2. As soon as the bids/proposals are opened, they become public record open to inspection - WITH THE EXCEPTION of "trade secrets". If a bidder/proposer requests "copies" (other than "trade secrets"), you may request a reasonable copy charge. Confidential "negative" references should not be offered for inspection until you discuss them with the Business Office Contracts Manager to protect the University as to third party liability.
3 . Usually bids are read aloud, i.e., naming each bidder, the bid price, and such other information as is considered appropriate to read; however, if necessary, you can explain to vendors that you also need to review each bid as to "best value" as well before you make a decision. ("Best value" is addressed in the approved ITB boilerplate.) In the case of proposals (or voluminous bids), which are usually more complex and require individual committee member evaluations, you can certainly tell the vendor(s) you'll need more time to evaluate; however, you should either bring their attention to the "notice of award" date set forth in the ITB/RFP, or give them some idea of when you will be making a final determination. Example: "We are in the process of analyzing the proposal submission. Thus, it will take us a few days to reach a decision. We expect that this will be on or before (provide your best-guess date). First, we must determine if there is a responsive bid (one which unequivocally offers to perform in conformance with the terms and specifications of the RFP), and then we must determine if we have a responsible bidder (one who is financially and otherwise able to perform and fully satisfy or exceed the RFP requirements)." You can also state in your ITB/RFP that bids/proposals will not be read aloud. M. SCORING AN ITB. Previously, the lowest bid (if University is payor) or highest bid (if University is payee) was the successful bidder; however, both the UO Purchasing Rules and the ITB boilerplate provide that "best value" is an additional consideration. If you do not select the obvious low/high bidder (based on cost alone, before considering also "best value"), make sure you retain documentation to support your selection.
Previously, the lowest bid (if University is payor) or highest bid (if University is payee) was the successful bidder; however, both the UO Purchasing Rules and the ITB boilerplate provide that "best value" is an additional consideration. If you do not select the obvious low/high bidder (based on cost alone, before considering also "best value"), make sure you retain documentation to support your selection.
The planning of your scoring criteria on your RFP, how it ties in with the "proposal" requirements set forth in Section II of the ITB/RFP, and how your evaluation sheets are set up to correspond to both of those is so crucial. If you discover after proposals are opened, that your RFP scoring criteria was not correct, you are either stuck with the result, or, you lose time by starting all over.
2. Each evaluation committee member, including the committee head, should perform their own individual scoring. The "final" score is actually a summary of all scores.
3. If mandatories of RFP not met, you need proceed no further in scoring that particular response. Mandatories must be met, and if they are not, then you can reject that particular RFP. There are some gray areas as to mandatories, however, and it is therefore recommended that you consult with the Business Office Contracts Manager:
- If the bidder/proposer submits two copies of the bid or proposal when you have asked for four, this is not now considered a basis for rejection. You can call and ask them to forward the other two copies.
- If the bidder/proposer neglects to return a copy of the ITB/RFP, contact the Business Office Contracts Manager as there are different circumstances affecting whether that bidder/proposer may be rejected as non-responsive.
- If the bidder/proposer neglects to return a completed and signed copy of the Bid Statement or Proposal Statement, contact the Business Office Contracts Manager as there are different circumstances affecting whether that bidder/proposer may be rejected as non-responsive.
- If the bidder/proposer neglects to submit references, as required in the ITB/RFP, that is determined to be a basis for rejection as non-responsive per legal counsel.
4. If "unclear" responses received, request in writing that the proposer explain or identify in writing where their response to a certain RFP requirement is located, what they meant by a response, etc., but remember, only "clarifications" can be accepted. The communication must relate only to clarification of proposal materials submitted, and not solicit or otherwise include new information of the material aspects of the proposal and contract. Additions and revisions cannot be accepted after closing.
5. As soon as the proposal is opened it becomes "public record" (except for "trade secrets" and in some circumstances "confidential" negative references), and can be viewed by anyone; however, if the final selection requires committee review, etc., (usually occurs with an RFP), you can advise the requestor as set forth in the example under L.3.
6. Each committee member shall sign and date an Evaluator's Conflict of Interest Statement, which becomes a part of the department's solicitation/selection record.
No bids/proposals submitted, modifications, withdrawals, or protests shall be accepted after the closing date(s) set forth in the ITB or REP.
P. MISTAKES IN BIDS OR PROPOSALS
Generally, bidder/proposer mistakes attributable to an error in judgment may not be corrected. Mistakes due to an inadvertent, non-judgmental mistake in the bid/proposal may be corrected, but requires careful consideration to protect the integrity of the competitive bidding system. Any requests for correction to bids/proposals should be referred immediately to the Business Office Contracts Manager to ensure compliance with OAR 137-30-075(1). Mistakes made in the ITB/RFP by departments, which are discovered after the solicitations are sent to bidders/proposer's should be discussed with the Business Office Contracts Manager immediately so a determination can be made as to the extent of the mistake, and if necessary, corrective measures, complying with the administrative rules, can be taken. In most cases, this would entail no more than issuing an Addendum.
Q. MISTAKES DISCOVERED AFTER BIDS OR PROPOSALS ARE OPENED, BUT BEFORE AWARD
Mistakes discovered by bidders/proposer's after bid/proposal closing date, but prior to award should be referred to the Business Office Contracts Manager to ascertain if proposed correction is acceptable per OAR 137-30-075(2).
R. TIME FOR ACCEPTANCE/EXTENSION OF TIME FOR ACCEPTANCE OF BIDS/PROPOSALS
1. Bids and proposals shall be valid and binding offers for 60 days from bid/proposal closing, unless otherwise specified in the solicitation document.
2. Notwithstanding the above, after opening bids or proposals, the department may request orally or in writing that bidders or proposer's extend, in writing, the time during which the agency may accept their bids or proposals. However, please consult with the Business Office Contracts Manager before initiating such a request.
1. At least two people should comprise the "evaluation committee" recommending the selection on simple ITB's. On more costly or complex projects, a committee of 4 or 5 is recommended.
2. Each committee member, including the committee head, should grade/rate each bid/proposal independently, and following discussion, if one is required, a summary with final ratings should be prepared. Remember: Every single note, including "doodles" is a part of the departmental selection file, and is public record.
1. Definitions:
a. Responsive Bid/Proposal (one which unequivocally offers to perform in conformance with the terms and specifications set forth in the bid/proposal form).
b. Responsible Bidder/Proposer (one who is financially and otherwise able to perform and fully satisfy or exceed the bid/proposal requirements).
2. Bidders/proposer's may be rejected as "non-responsible", and bids/proposals may be rejected as "non-responsive". If you are uncertain, you may contact the Business Office Contracts Manager for assistance.
3. "Rejections" are done after bid/proposal opening, and determined during the "mandatory" phase of the selection process.
4. Bidders/proposer's whose bid/proposal has been "rejected" shall be notified by the department in writing, certified mail, of the rejection and the reason therefore. This should be done immediately, but in no event later than the date set forth in Section II of the ITB/RFP as to the mailing of notices.
5. Sometimes it is best not to "reject" the bid/proposal, but rather choose one of the other obviously superior bids; thus, it would become an unsuccessful bid/proposal. The appeal process here, if the unsuccessful bidder/proposer submitted one, would be directed toward the selection/award process rather than a "rejection" of their bid/proposal.
6. As stated previously, if a bidder or proposer fails to meet the "mandatories" of the solicitation document, you need go no further, as the bidder/proposer is now considered "non-responsive," and their bid/proposal will probably be rejected. The mandatories are those requirements in Section II of the ITB/RFP form, and any product or action you have included in that section to be performed or provided by the bidder/proposer in response to the bid/proposal. Based on recent directions from the University's legal counsel, there are "gray" areas as to this issue, and thus, before departments make any statement to the particular bidder/proposer or other bidders/proposer's, or take any action, the Business Office Contracts Manager should be contacted for review and direction. For example, the following, although stated as mandatories in the ITB/RFP, are deemed by legal counsel to be "minor informalities," and thus can be corrected:
a. The bidder/proposer neglects to return the ITB/RFP. However, if they also neglect to return the completed and signed Bid Statement or Proposal Statement, contact the Business Office Contracts Manager immediately.
b. The bidder/proposer sends only one copy of their response when your ITB/RFP requested two (or more). Legal counsel has advised that this can be corrected by contacting the bidder/proposer and requesting them to send the remaining copies. The following could be a "minor informality," however, you must contact the Business Office Contracts Manager for review and direction:
a. The bidder/proposer has not returned the Bid Statement or Proposal Statement (Section VI of the ITB or RFP).
b. The bidder/proposer has not completed the Bid or Proposal Statement.
c. The bidder/proposer has not signed the Bid or Proposal Statement.
d. The bidder/proposer has not signed and returned the ITB/RFP Amendment (if one was done) as required. This is why it is IMPERATIVE that the "Standard Contractual Requirements - Solicitation Attachment" be attached to all ITB's or RFP's, and that Section VI, the Bid Statement or Proposal Statement, stand alone, contain the entire introductory paragraph, the vendor information and signature, and also have a header and page number.
U. REJECTION OF ALL BIDS OR PROPOSALS
Upon a written finding that it is "in the public interest to do so," all bids or proposals may be rejected by a department. Reasons for rejecting ~ii bids or proposals include, but are not limited to:
a. Content of bid/proposal, or error in the ITB/RFP, including its terms, conditions or specifications, unnecessarily restricted competition for the contract.
b. Price, quality, or performance presented by the lowest "responsible" bidder or proposer is, in the opinion of the agency, too costly or of insufficient quality to justify acceptance of the bid or proposal.
c. Misconduct, error, or ambiguous or misleading provisions in the ITB/RFP threatens the fairness and integrity of the competitive process.
d. Causes other than legitimate market forces threaten the integrity of the competitive procurement process. Some of those cause may be restrictions on competition, collusion, corruption, unlawful anti-competitive conduct, or inadvertent or intentional errors in the ITB/RFP.
2. If you feel you have a valid reason to reject all bids/proposals, immediately contact the Business Office Contracts Manager for assistance. If pursued, department will be required to notify all bidders/proposer's in writing, certified mail.
V. CANCELLATION OF BID/PROPOSAL AFTER CLOSING DATE
An ITB or RFP can be canceled after the bid/proposal closing date, if the University deems it in the public's (or University's) interest to do so. Unlike the cancellation prior to closing, however, the bids or proposals received are retained and become a part of the department's solicitation file for that particular service or goods. Contact the Business Office Contracts Manager for assistance.
1. Exercise extreme caution when you communicate with unsuccessful bidders/proposer's as to the terms "reject/rejection" and "disqualify/disqualification".
2. You need to send the notification letters (as to "rejections," "awards," etc. in a timely manner, as set forth in Section II of the ITB/RFP boilerplate). Sample letters.
3. Tentative award notice should be provided in writing by the notice date set forth in the ITB/RFP, advising the successful bidder/proposer they are the "apparent winner", and that following the expiration of the appeal period, a formal contract will be forwarded.
4. Tentative award notices should be sent, in writing, to un-successful bidders/proposer's. You need to send them a letter by the notice date set forth in the ITB, advising them that another bidder/proposer has been selected. REMINDER: If you are "rejecting" an Un-successful bidder/proposer, remember they MUST be notified by "certified mail".
X. APPEAL OF BID/PROPOSAL REJECTION, OR APPEAL OF SELECTION PROCESS OR AWARD PROCEDURE
1. If bidder/proposer protests the rejection of their bid/proposal (within 7 business days of the written notification date, as set forth in the ITB/RFP boilerplate), refer the protest to the Business Office Contracts Manager immediately. This is why it is imperative that when you notify the apparent successful and unsuccessful bidders/proposals, that the notice be IN WRITING, postmarked on the date of the notification, and that the notification is postmarked on or before the (notification) date you entered in Section II, A, of the 1TB or RFP. The Business Office Contracts Manager will conduct a review the protest and issue a Final Agency Order, which will either result in support of or denial of the protest.
2. All protests of bidder/proposer selection, or award procedures should be referred immediately to the Business Office Contracts Manager. A review will be conducted, and a Final Agency Order issued.
3. No contracts shall be entered into relative to any bid/proposal which is protested/appealed, until the Final Agency Order is issued.
1. Personal/Professional Service Contract (PSC). Resultant pre-printed PSC form will be prepared as usual by the department, referencing and attaching the RFP and successful proposal, and will be processed as all other PSC's are processed. On a few occasions, the Business Office Contracts Manager will request a copy; however, this will be on a case-by- case basis. IF you do a pre-printed PSC, under the "Services.." section, you simply reference and attach the RFP, and the successful proposer's response. Language would be as follows: As set forth in Institution's Request for Proposal, RFP # _______. and Contractor's response, copies of which are attached hereto, and by this reference made a part hereof. If there is a conflict in the terms of Institution's Request for Proposal, RFP # . and Contractor's response, then the terms set forth in Institution's Request for Proposal, RFP #_____ shall control.
2. Purchase Order (P.O.). Although rarely do ITB's or RFP's support PO's (normally it is a PSC or other contract format), the resultant P.O. will be prepared as usual by the department, referencing and attaching the ITB or RFP, and successful bid/proposal. Processing will be the same as with other P.0.5, with the exception that on occasion, the Business Office Contracts Manager may request a copy. If a P.O. is the appropriate payment vehicle, you will need to reference the ITB or RFP on the front of the P.O., adding the following language: If there is a conflict in the terms of the ITB or RFP and Contractor's response, then the terms of Institution's ITB or RFP shall control. Then attach the ITB or RFP, with the "Standard Contractual Requirements - Solicitation Attachment", and the successful proposal or bid. You would not need to attach the P.O. Standard Terms and Conditions in these instances.
3. Most contracts, which do not qualify for use of the pre-printed PSC form, are prepared by the Business Office Contracts Manager. Inasmuch as the major portion of the technical and contractual requirements are set forth in the ITB or RFP, the contract associated with bids/proposals is normally a one-page contract, attaching and referencing the ITB/RFP and successful bid/proposal. The contract is both prepared and signed by the Business Office Manager as authorized designee of the Director of Business Affairs.
1. Responsibility for retention of all solicitation/selection documentation resides with the department. Your departmental file should contain:
a. Copy of the advertisement(s) - if applicable.
b. Written record of verbal notifications or copy of written solicitation notice (ITB/RFP).
c. Copy of ALL responses.
d. Completed evaluation sheets, and each evaluator's signed Evaluator's Conflict of Interest Statement.
e. Copy of any protests and the final decisions (usually Final Agency Order).
f. Written justification for any rejection of proposals for failing to meet "mandatory" requirements of the ITB or RFP.
g. Written explanation for any rejection of LOWER bids (or HIGHER bids if UO is payee) when "best value" has determined what would be the next lowest bidder (next highest bidder if UO is payee).
h. All other correspondence, notes, etc., relative to the particular bid/proposal solicitation/selection, appeals, protests, rejections, or awards (and, hopefully these will never come up, but also disqualifications. Copy of final contract. On those contracts which are "open-ended" (there is no definite ending date, i.e., the contract is effective until the Contractor or the University notifies the other in writing of intent to terminate), it is imperative that the Department, when the decision is made to terminate, complies with the requirement as to notifying the Contractor in writing and within the number of days set forth (i.e., within 30, 60, 90, etc.) within the contract. It will also be necessary for the department to notify the Business Office Contracts Manager of termination on these "open-ended" contracts, whether Contractor or University initiated.
