Definitions in 736-146-0012 also apply in this division, in addition to the following definitions:

1. (1) “Addendum” or “Addenda” means an addition to, deletion from, a material change in, or general interest explanation of a solicitation document.
2. (2) “Amendment” means a written modification to the terms and conditions of a contract, other than by changes to the work, within the general scope of the original procurement that requires mutual agreement between the department and the contractor.
3. (3) “Architect and Engineering” (A&E) means a contract with a consultant or firm for architectural, engineering, photographic mapping, land surveying and related services.
4. (4) “Award” means the decision of the Department to enter into a contract with any person.
5. (5) “Business Day” means Monday through Friday, 8:00 a.m. to 5:00 p.m. Pacific Time, excluding recognized holidays and any other day that the department’s central office is closed for business for any reason.
6. (6) “Changes to the Work” means a mutually agreed upon change order or a construction change directive or other written order issued by the department to the contractor requiring a change in the Work within the general scope of a public improvement contract, issued under its changes provisions and, if applicable, adjusting the contract price or contract time for the changed work.
7. (7) “Closing” means the date and time specified in a solicitation document as the deadline for submitting offers.
8. (8) “Commission” has that meaning as defined in ORS 390.005(1).
9. (9) “Construction” means a project for construction or reconstruction on real property by or for the department.

10. (10) “Construction Contract” means a contract governing a department project for general construction, reconstruction or major renovation, including maintenance that is not a public improvement:

    1. (a) Projects for which no funds of the department are directly or indirectly used, except for participation that is incidental or related primarily to project design or inspection; or
    2. (b) Emergency work, minor alteration, ordinary repair or maintenance necessary to preserve a public improvement.
    3. (c) Maintenance on existing property or structures
11. (11) “Contract Price” means, as the context requires, the maximum amount the department may be obligated to pay the contractor under a contract.
12. (12) “Contractor” means the Person, including a consultant, with whom the department enters into a contract.
13. (13) "Cost Estimate" means the department's most recent pre-bid, good faith assessment of anticipated contract costs, consisting either of an estimate of an architect, engineer or other qualified professional, or confidential cost calculation work sheets, where available, and otherwise consisting of formal planning or budgetary documents.
14. (14) “Day” means calendar day.
15. (15) “Director” has that meaning as defined in ORS 390.005(3).
16. (16) “Disqualification” means the preclusion of a Person from contracting with the department for a period of time in accordance with OAR 736-149-0370.

17. (17) “Electronic Advertisement” means the department solicitation document inviting participation in the department’s procurements made available over the Internet via:

    1. (a) Department’s website; or
    2. (b) Department’s electronic procurement system.
    3. (c) State’s electronic procurement system.
18. (18) “Electronic Procurement System” means an information system that persons may access through the department’s website or that persons may otherwise remotely access using a computer, that enables persons to send electronic offers and the department to post electronic advertisements, receive electronic offers, and conduct other activities related to a procurement.

19. (19) “Emergency” means circumstances that:

    1. (a) Could not have been reasonably foreseen;
    2. (b) Require prompt execution of a contract to remedy the condition; and
    3. (c) Substantially threaten a loss of revenue, damage or interruption of services or a substantial threat to property, public health, welfare or safety.
20. (20) “Goods” means supplies, equipment, materials, and personal property, including any tangible, intangible, and intellectual property, and associated rights and licenses.
21. (21) “Invitation to Bid” or "ITB" means the solicitation document issued to invite offers from prospective contractors. Invitations to Bid are the required solicitation document for Formal Procurements.
22. (22) “Minor Informalities” has that meaning as defined in OAR 736-149-1040.
23. (23) “Notice” means any of the alternative forms of public announcement of procurements, as described
24. (24) “Offer” means a written offer in response to a solicitation document, including bids in response to an Invitation to Bid.
25. (25) "Offeror" (or bidder) means person who submits a bid or quote for consideration by the department.
26. (26) “Opening” means the date, time and place specified in the solicitation document for the public opening of offers.
27. (27) “Person” means any of the following with legal capacity to enter into a contract: individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, governmental agency, public corporation or any other legal or commercial entity.
28. (28) “Public Contract” means a contract for sale or other disposal, or a purchase, lease, rental or other acquisition, the Department of personal property, services, including personal services, public improvements, public works, minor alterations, or ordinary repair or maintenance necessary to preserve a public improvement. “contract” does not include grants.

29. (29) “Public Improvement” means a project for construction, reconstruction or major renovation on real property by or for the department. “Public improvement” does not include:

    1. (a) Projects for which no funds of the department are directly or indirectly used, except for participation that is incidental or related primarily to project design or inspection; or
    2. (b) Emergency work; or
    3. (c) Minor alteration, ordinary repair or maintenance projects, necessary to preserve a public improvement.
30. (30) “Public Improvement Contract” means a public contract for a public improvement. “Public improvement contract” does not include a public contract for emergency work, minor alterations, or ordinary repair or maintenance necessary to preserve a public improvement.
31. (31) “Request for Quotes” means a written request for prices, rates or other conditions for an intermediate procurement under which a potential contractor would provide goods or perform services, or public improvements described in the request.
32. (32) “Responsible” means a reasonable determination by the department that a person would be a reliable, competent, responsible, accountable, and legally authorized contractor, not debarred or disqualified by the department under OAR 736-149-0390.
33. (33) “Responsible Offeror” means, as the context requires, a responsible bidder or a person who has submitted an offer and meets the standards of responsibility, and who has not been debarred or disqualified by the department.
34. (34) “Responsive” means having the characteristic of substantial compliance in all material respects with applicable solicitation requirements.
35. (35) “Responsive Offer” means, as the context requires, a responsive bid, responsive proposal or other Offer that substantially complies in all material respects with applicable solicitation requirements.
36. (36) “Services” means labor utilizing skills, knowledge and resources for physical, technical or scientific work or utilizing professional, artistic or managerial thought, discretion or judgment.
37. (37) “Signature” means any written mark, word or symbol that is made or adopted by a person with the intent to be bound and that is attached to or logically associated with a written document to which the person intends to be bound.
38. (38) “Signed” means, as the context requires, that a written document contains a signature or that the act of making a signature has occurred.
39. (39) "Solicitation document" means a document, such as an invitation to bid; a writing for an intermediate procurement, including a request for competitive quote or offer, or other documents issued to invite offers from prospective contractors.
40. (40) "Value Engineering" means the identification of alternative methods, materials or systems which provide for comparable function at reduced initial or life-time cost. It includes proposed changes to the plans, specifications, or other contract requirements which may be made, consistent with industry practice, under the original contract by mutual agreement in order to take advantage of potential cost savings without impairing the essential functions or characteristics of the public improvement. Cost savings include those resulting from life cycle costing, which may either increase or decrease absolute costs over varying time periods.
41. (41) “Work” means the furnishing of all services, materials, equipment, labor and incidentals necessary to successfully complete any individual item or the entire contract and the carrying out and completion of all duties and obligations imposed by the contract.
42. (42) “Writing” means letters, characters and symbols inscribed on paper by hand, print, type or other method of impression, intended to represent or convey particular ideas or meanings. “Writing,” when required or permitted by law, or required or permitted in a solicitation document, also means letters, characters and symbols made in electronic form and intended to represent or convey particular ideas or meanings.
43. (43) “Written” means existing in writing.

Statutory/Other Authority

ORS 279.025(3)(k)

Statutes/Other Implemented

ORS 279.025(3)(k)

History

PRD 2-2026, temporary adopt filed 04/23/2026, effective 04/24/2026 through 10/19/2026