1. (1) The department is encouraged to conduct research with contractors who can meet the state’s needs. This research phase includes but is not limited to:

   1. (a) Meetings;
   2. (b) Industry presentations; and
   3. (c) Demonstrations with contractors that, in the department’s discretion, may be able to meet the department’s needs.
2. (2) The department must document the items discussed during the research phase of solicitation development. The research phase ends the day of a solicitation release or request for a quote pursuant to an intermediate procurement, unless the solicitation or intermediate procurement provides for a different process that permits on-going research.
3. (3) Any communication between the department and contractors regarding a solicitation, that occurs after the solicitation release or request for a quote and before the award of a contract, must only be made in the solicitation and contracting phase within the context of the solicitation document or intermediate procurement requirements.
4. (4) Communication may allow for discussions, negotiations, addenda, contractor questions, and the department’s answers to contractor questions about terms and conditions, specifications, amendments, or related matters. During this phase, telephone conversations, electronic communications and meetings must be documented in the procurement file. Written inquiries regarding the solicitation should be responded to by the department in writing.
5. (5) A record of all material communications regarding the solicitation by interested contractors must be made part of the procurement file pursuant to OAR 736-146-0050.

Statutory/Other Authority

ORS 279A.065(6)(a), ORS 279A.070 & ORS 279A.025(3)(k)

Statutes/Other Implemented

ORS 279A.065(6)(a), ORS 279A.070, ORS 279A.025(3)(k) & ORS 279A.140

History

PRD 9-2025, amend filed 09/22/2025, effective 10/01/2025
PRD 16-2009, f. & cert. ef. 12-4-09
PRD 12-2008, f. & cert. ef. 12-15-08
PRD 1-2007, f. & cert. ef. 2-7-07